Mehl v. Blanas

241 F.R.D. 653, 2007 U.S. Dist. LEXIS 25291, 2007 WL 926721
CourtDistrict Court, E.D. California
DecidedMarch 27, 2007
DocketNo. 2:03-cv-2682-MCE-KJM
StatusPublished
Cited by2 cases

This text of 241 F.R.D. 653 (Mehl v. Blanas) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mehl v. Blanas, 241 F.R.D. 653, 2007 U.S. Dist. LEXIS 25291, 2007 WL 926721 (E.D. Cal. 2007).

Opinion

ORDER ON REQUEST FOR RECONSIDERATION

ENGLAND, District Judge.

Through the present action, Plaintiffs David K. Mehl, et al. (“Plaintiffs”) allege Defendants Blanas et al. (“Defendants”) violated the United States Constitution’s guarantees of equal protection and freedom of association; the privileges and immunities clause of the Fourteenth Amendment; the “right to self preservation” Plaintiffs argue is guaranteed by the Ninth Amendment; and the right to keep and bear arms guaranteed by the Second and Fourteenth Amendments. Plaintiffs seek relief pursuant to 42 U.S.C. § 1983.

Plaintiffs allege that Defendants have sole discretion in the issuance of permits to carry concealed weapons (“CCWs”) within the County of Sacramento, California. Plaintiffs further allege that Defendants maintained a longstanding practice of issuing CCWs to persons who donated money to the Craig, Blanas, and McGinnis campaigns for Sheriff of Sacramento County. In addition according to Plaintiffs, Defendants simultaneously were denying CCWs to deserving applicants who did not contribute campaign funds. Plaintiffs also argue that California Penal Code sections 12027, 12031(b), and 12050-12054 are unconstitutional because they give preference to judges and honorably retired peace officers in the issuance of CCWs.

Now before the Court is Defendants’ Motion for Reconsideration of a December 1, 2006 Order issued by Magistrate Judge Kimberly J. Mueller (hereinafter “Magistrate Judge”). For the reasons set forth below, Defendants’ Motion to Reconsider is granted.1

BACKGROUND

Plaintiffs David K. Mehl, et al. are persons who applied for a CCW in the County of Sacramento, followed the procedure set forth by the Sheriffs Department, and were denied. Defendant Blanas is the former Sheriff of Sacramento County.

Also named Defendants in this action are the County of Sacramento and its Sheriffs Department.

Defendants seek modification of the Magistrate Judge’s December 1, 2006 Order (“the Order”) regarding a discovery dispute between the Parties.2 The Order was issued after a lengthy dispute between the parties over their respective responsibilities in the discovery process. The Order resolves some of the disputed issues and requires the parties to submit a revised proposed protective order to govern other parts of the discovery process. Defendants ask the Court to modify those parts of the Order that require production of CCW applications and related confidential documents to Plaintiffs: (1) without removal of the home address, social security number, and other sensitive information of current or former judges, district attorneys and police officers; (2) without removal of information that would identify times and places the applicants would be vulnerable to attack; (3) without removal of information that could be used for identity theft; and (4) without a watermark that was included to prevent the unauthorized re-distribution of the confidential information contained in the CCW applications. Defendants also ask the Court to reconsider those portions of the [656]*656Magistrate Judge’s Order that require further responses to Plaintiffs’ Interrogatory-Eight and Request for Production of Document Twenty-Eight.

Also before the Court is Plaintiffs’ Motion to Strike Defendants’ Request to Reconsider on ground that the Request does not meet the requirements of the Local Rules. Because Plaintiffs’ Motion to Strike is potentially dispositive, the Court will address it first.

STANDARD

In reviewing a magistrate judge’s determination, the assigned judge shall apply the “clearly erroneous or contrary to law” standard of review set forth in Local Rule 72-303(f), as specifically authorized by Federal Rule of Civil Procedure 72(a) and 28 U.S.C. § 636(b)(1)(A).3 Under this standard, the Court must accept the Magistrate Judge’s decision unless it has a “definite and firm conviction that a mistake has been committed.” Concrete Pipe & Products of Cal., Inc. v. Constr. Laborers Pension Trust for So. Cal., 508 U.S. 602, 622, 113 S.Ct. 2264, 124 L.Ed.2d 539 (1993).

If the Court believes the conclusions reached by the Magistrate Judge were at least plausible, after considering the record in its entirety, the Court will not reverse even if convinced that it would have weighed the evidence differently. Phoenix Eng. & Supply Inc. v. Universal Elec. Co., Inc., 104 F.3d 1137, 1141 (9th Cir.1997).

ANALYSIS

1. Plaintiffs’ Motion to Strike

In response to Defendants’ request, Plaintiffs filed a Motion to Strike on the ground that the request does not comply with Eastern District Local Rule 78-230(k) and it therefore, “must be stricken as it is just another delay tactic.” Pis.’ Mot. to Strike (12/11/2006) at 2. Plaintiffs failed to notice that Rule 78-230 applies when a District Court is called upon to reconsider its own decision in a matter. Rule 78-230 has no application where, as here, a District Court is asked to reconsider an order by a magistrate judge. E.D. Cal. Local Rule 72-303(e). Accordingly, the requirements of Rule 78-230 do not apply in the instant case and Plaintiffs’ Motion to Strike is denied.

2. Production of Documents containing Judicial and Law Enforcement Confidential Information

The Federal Rules of Civil Procedure provide that a court may make any order limiting discovery which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. Fed.R.Civ.P. 26(c). A party must show good cause for a protective order. Id. For good cause to exist, the party seeking protection from public disclosure of documents and information produced during discovery bears the burden of showing that specific prejudice or harm will result if no protective order is granted.

Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir.2002). Under Rule 26(c), “[i]f a court finds particularized harm will result from disclosure of information to the public, then it balances the public and private interests to decide whether a protective order is necessary.” Id. at 1211.

Defendants first request reconsideration of the Magistrate Judge’s Order denying Defendants’ Motion for a Protective Order authorizing Defendants to remove the home address, home telephone number, Social security number and other sensitive information of persons who are or have been judges, district attorneys, peace officers, or other persons employed in the criminal justice system.

Defendants argue that removal of the information is necessary for the safety of these persons and is consistent with state law exempting this information from public disclosure. Cal. Gov’t Code § 6254(u)(2).

[657]

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Bluebook (online)
241 F.R.D. 653, 2007 U.S. Dist. LEXIS 25291, 2007 WL 926721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mehl-v-blanas-caed-2007.