57 Mx Protective Order - MP&A

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Case 1:07-cv-00026-OWW-TAG Document 57 Filed 10/12/2007 Page 1 of 5

I Mark A. Wasser CA SB #060160LAW OFFICES OF MARK A. WASSER2 400 Capitol Mall, Suite 1100Sacramento, CA 958143 Phone: (916) 444-6400Fax: (916) 444-64054 E-mail: mwasserlaimarkwasser.com5 Bernard C. Barmann, Sr.KERN C01JNTY COUNSEL6 Mark Nations, ChiefDeputy1115 Truxton Avenue. Fourth Floor7 Bakersfield, CA 93301Phone: (661) 868-38008. Fax: (661) 868-3805E-mail: [email protected]

10 Attorneys for Defendants County Kern,IPeter Bryan, Irwin Harris, Eugene Kercher,I I Jennifer Abraham, Scott Ragland, Smithand Roy121314

UNITED STATES DISTRICT COURTEASTERN DISTRICT OF CALIFORNIA

IS

18 vs.

16 DAVID F. JADWIN, D.O.17 Plaintiff.

19 COUNTY OF KERN, et aI.,20 Defendants.

Date Action Filed: January 6, 2007Trial Date: August 26, 2008

Date: November 5, 2007Time: 9:30 a.m. (date cleared by CRD)Place: U.S. Bankruptcy Courthouse,Bakersfield Courtroom 8

MEMORANDUM OF POINTS ANDAUTHORITIES IN SUPPORT OFDEFENDANTS' MOTION FOR APROTECTIVE ORDER RE: HOMEADDRESSES

Case No.: 1:07-cv-00026-0WW-TAG))))))))

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26 Defendants submit this memorandum in support of their motion for a protective order27 preventing the disclosure or discovery of employee home addresses to PlaintiffDavid Jadwin.28

MEMORANDUM OF POINTS AND AUTHORlTIES IN SUPPORT OF DEFENDANTMOTION FOR PROTECTIVE ORDER RE: EMPLOYEES' HOME ADDRESSE

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THIS COURT MAY ISSUE A PROTECTIVE ORDER ON A SHOWINGOFGOOD CAUSE

I.23 Rule 26(c) o f the Federal Rules o f Civil Procedure allows issuance of a protective order4 to limit disclosure or discovery, Foltz v, State Farm Mutual Auto Insurance, 33! F 3 d 1122,5 1130 (9th Cir. 2003),6 The party seeking a protective order has the burden o f establishing good cause sufficient7 to justify the protection requested. Id. Generally, the party must show that specific prejudice or8 harm result in absence o f the protective order. Id,9 n. G O O D CAUSE EXSISTS F O R ISSUANCE O F A P R O T E C E T I V EO R D E R

10! ! II Rule 26(a)(l)(A) requires Defendants to disclose to Plaintiff the name and, i f known, the I!2 II address telephone o f to information about i131415161718

the ease. Defendants have done that. Defendants have disclosed to Plaintiff the name, addressand telephone number o f each County employee who may be a witness in this case. Theaddresses and telephone numbers that have been disclosed are the employees' a c t u a l - individual- work addresses and telephone numbers. All potential witnesses are available at the addressesthat have been provided and through Defendants legal counsel.

In addition to the disclosures, Defendants have provided Plaintiffwith VvTitten assurancesIthat all employees19 be made available to Plaintiffupon request, that Defendants provide

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Plaintiff with contact information on any employees who leave County employment during thependency of this case and that Defendants' counsel will accept service o f all process and noticeson behalfo f all Defendants and employees to ensure their availability to Plaintiff

The disclosures fully comply with Rule 26 and the assurances Defendants have providedgo substantially beyond the requirements o f Rule 26. Plaintiff has more than he is entitled tounder the Rule.

Despite this, Plaintiff has filed a motion to compel disclosure o f "home" addresses.There is no justification for disclosing home addresses and the Defendants and employees objectto doing so. Hence, Defendants seek a protective order to protect the home addresses.

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTMOTION FOR PROTECTIVE ORDER RE: EMPLOYEES' HOME ADDRESSE

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Filed herewith are the declarations of Jennifer Abraham, Toni Smith, Michelle Burris,2 Denise Long and Jane Thorton. All five individuals are Kern County employees and work at3 Kern Medical Center where Plaintiffused to work. They all know Plaintiff and had substantial4 contact with him during the course of his employment. For reasons of safety and privacy, they5 do not want Plaintiff to know where they live.6 Jennifer Abraham is a physician. Her declaration recites that Plaintiffassaulted her7 verbally several times and physically assaulted another physician at Kern Medical Center. She8 I, had several interactions considers to be emotional, confrontational I9 and arrogant and does not trust him. She has privacy and safety concerns for her children and

10 family and does not want Plaintiffto know where she lives. She is available at her work address11 and can be contacted through Defendants' legal counsel.12 Jane Thornton is a SUJlerVl';or the Pathology Laboratory WhFfF used to13 She considers him to be emotional and confrontational and does not want Plaintiff to know14 where she lives. She considers her personal life to be private. She is available at the work15 address that has been disclosed and through Defendants' legal counsel.16 The other three employee, Toni Smith, Michelle Burris and Denise Long, all recite17 privacy concerns and a desire to keep their work lives separate from their personal lives. None18 of them want Plaintiff to know where they live and all are available at their work addresses and19 through Defendants' legal counsel.20 Defendants believe every employee listed in the initial disclosures would express similar21 concerns if asked. Defendants only submitted five declarations for efficiency reasons.22 Protecting employee home addresses will not prejudice Plaintiff. Plaintiffhas actual23 addresses for every employee witness. Plaintiff also has individual telephone numbers. He has24 the Defendants' assurances that all the employees will be made available. He has, in short,25 guaranteed access to every employee witness. There is no reason to order superfluous26 disclosures ofredundant personal address information, certainly not in the face ofthe privacy27 and safety concerns that have been expressed.28


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1 Wherefore, Defendants request that this Court grant a protective order protecting the2 home addresses ofCounty employees from disclosure or discovery to Plaintiff.34 Respectfully submitted,56789101112131415161718192021222324

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Dated: October 12, 2007 LAW OFFICES OF MARK A WASSER

Mark A WasserAttorney for Defendants, County ofKern, et al.


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