Opinion

Dunsmore v. State of California

Court
District Court, S.D. California
Filed
Feb 16, 2024
Cited by
0 cases
Authority
More cited than 19.2%

reviewing magistrate judge’s order 9 addressing attorney-client issues in discovery for clear error

How later courts described this case

  • reviewing magistrate judge’s order 9 addressing attorney-client issues in discovery for clear error
  • “Matters concerning discovery generally are 20 considered ‘nondispositive’ of the litigation”

Written by the judges who cited it.

The opinion

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8 UNITED STATES DISTRICT COURT

9 SOUTHERN DISTRICT OF CALIFORNIA

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11 DARRYL DUNSMORE, ANDREE Case No.: 20-cv-00406-AJB-DDL

ANDRADE, ERNEST

12 ARCHULETA, JAMES CLARK, ORDER

ANTHONY EDWARDS, LISA

13 LANDERS, REANNA LEVY, JOSUE

LOPEZ, CHRISTOPHER NELSON, (Doc. Nos. 541, 542)

14 CHRISTOPHER NORWOOD, JESSE

OLIVARES, GUSTAVO

15 SEPULVEDA, MICHAEL TAYLOR,

and LAURA ZOERNER, on behalf of

16 themselves and all others similarly

situated,

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Plaintiffs,

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v.

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SAN DIEGO COUNTY SHERIFF’S

20 DEPARTMENT, COUNTY OF SAN

DIEGO, SAN DIEGO COUNTY

21 PROBATION DEPARTMENT, and

DOES 1 to 20, inclusive,

22 Defendants.

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Presently before the Court is Defendant County of San Diego’s (the “County”)

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objections to Magistrate Judge David Leshner’s December 13, 2023 Order granting

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Plaintiffs’ motion to compel production of CIRB Reports (“December 13 Order”), (Doc.

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No. 468), and February 8, 2024 Supplemental Order (“February 8 Order”), (Doc. No. 529).

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(Doc. No. 541.) The County also filed an ex parte application to stay the December 13 and

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1 February 8 Orders pending the outcome of this instant order, and until a ruling is issued in

2 Greer c. City of San Diego, 23-55607, which is currently before the Ninth Circuit. (Doc.

3 No. 541.) Magistrate Judge Leshner has ruled on a motion to stay filed by the County based

4 on these same arguments. (See Doc. Nos. 510, Defendants’ Request for Stay of Production;

5 & 533, February 12, 2024 Order (“February 12 Order”) denying the request to stay.) Thus,

6 this Court only has the power to review the County’s request for a stay under Federal Rule

7 of Civil Procedure 72(a) as an objection to the February 12 Order. Pursuant to Civil Local

8 Rule 7.1.d.1, the Court finds the motion suitable for determination on the papers submitted

9 and without oral argument. For the reasons set forth below, the Court OVERRULES the

10 County’s objections.

11 I. BACKGROUND

12 On December 13, 2023, Magistrate Judge David Leshner issued the December 13

13 Order granting Plaintiffs’ motion to compel production of twenty-five reports of the San

14 Diego Sheriff’s Department’s Critical Incident Review Board (the “CIRB”). (Doc. No.

15 468.) Thereafter, on January 26, 2024, Judge Leshner ordered the County to produce the

16 redacted CIRB Reports to Plaintiffs “by not later than January 31, 2024.” (Doc. No. 507.)

17 On January 29, 2024, the County filed a motion to stay because it “intends to appeal

18 [the January 26, 2024 Order] to the District Court Judge Anthony Battaglia for review.”

19 (Doc. No. 510.) The February 8 Order thereafter ordered “that the County may maintain

20 its proposed redactions to the CIRB Reports” and further noted that “[t]he deadline for

21 Defendants to produce the CIRB Reports remains stayed pending the Court’s order on

22 Defendants’ request for a stay.” (Doc. No. 529 at 2.) In the February 12 Order, Judge

23 Leshner denied the County’s request for a stay and ordered Defendants to “produce the 34

24 CIRB Reports at issue, with redactions as approved by the Court, by not later than

25 February 16, 2024.” (Doc. No. 533.)

26 The instant objections follow. (Doc. Nos. 541, 542.)

27 ///

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1 II. LEGAL STANDARD

2 A party may object to a non-dispositive pretrial order of a magistrate judge within

3 fourteen days after service of the order. See Fed. R. Civ. P. 72(a). The magistrate judge’s

4 order will be upheld unless it is “clearly erroneous or contrary to law.” Id.; 28 U.S.C.

5 § 636(b)(1)(A). The “clearly erroneous” standard applies to factual findings and

6 discretionary decisions made in connection with non-dispositive pretrial discovery matters.

7 F.D.I.C. v. Fid. & Deposit Co. of Md., 196 F.R.D. 375, 378 (S.D. Cal. 2000); Joiner v.

8 Hercules, Inc., 169 F.R.D. 695, 697 (S.D. Ga. 1996) (reviewing magistrate judge’s order

9 addressing attorney-client issues in discovery for clear error). In contrast, the “contrary to

10 law” standard permits independent review of purely legal determinations by a magistrate

11 judge. See e.g., Haines v. Liggetts Grp., Inc., 975 F.2d 81, 91 (3d Cir. 1992); Med. Imaging

12 Ctrs. of Am., Inc. v. Lichtenstein, 917 F. Supp. 717, 719 (S.D. Cal. 1996). Thus, the district

13 court should exercise its independent judgment with respect to a magistrate judge’s legal

14 conclusions. Gandee v. Glaser, 785 F. Supp. 684, 686 (S.D. Ohio 1992).

15 “Non-dispositive matters include ‘evidentiary rulings, pretrial discovery matters,

16 and the imposition of sanctions for discovery abuses.’” Estakhrian v. Obenstine, No. CV

17 11-03480 GAC(CWx), 2012 WL 12884889, at *3 (C.D. Cal. Nov. 9, 2012) (quoting

18 Kounelis v. Sherrer, 529 F. Supp. 2d 503, 518 (D. N.J. 2008)); see also Hoar v. Sara Lee

19 Corp., 900 F.2d 522, 525 (2d Cir. 1990) (“Matters concerning discovery generally are

20 considered ‘nondispositive’ of the litigation”). There is no doubt that the dispute currently

21 before the Court involves a pretrial-discovery matter because it is based on discovery

22 disputes. See Fed. R. Civ. P. 72(a).

23 III. DISCUSSION

24 Because the challenge to the magistrate judge’s finding involves a discretionary

25 decision made in connection with a non-dispositive pretrial discovery matter, the clearly-

26 erroneous standard applies. See Fid. & Deposit Co. of Md., 196 F.R.D. at 378. Upon

27 reviewing the relevant documents—including the County’s objections and the Magistrate

28 Judge’s December 13, February 8, and February 12 Orders—and taking into account that

1 the clearly-erroneous standard is “significantly deferential,” the Court cannot reach a

2 “definite and firm conviction that a mistake has been committed.” See Concrete Pipe &

3 Prods. of Cal., 508 U.S. at 623.

4 The Court first reiterates that a party may object to a non-dispositive pretrial order

5 of a magistrate judge within fourteen days after service of the order. See Fed. R. Civ. P.

6 72(a). The County’s objection to Judge Leshner’s December 13 Order was filed on

7 February 15, 2024, long after the fourteen-day deadline to file its objection, and is thus

8 untimely. The time to have moved for review ended in late December 2023. The Court

9 OVERRULES the County’s objection as to the December 13 Order.

10 Regarding the February 8 Order (ordering that the County may maintain its proposed

11 redactions and staying production until the Court’s order on the County’s request for a

12 stay) and February 12 Order (denying the County’s request for a stay and ordering

13 production by not later than February 16, 2024), there is nothing before the Court meeting

14 the clearly erroneous standard that demonstrates the Magistrate Judge did not thoroughly

15 consider the County’s concerns that were presented to him. The February 8 Order found

16 the County’s proposed redactions were “narrowly tailored” and “consistent with the

17 precept that the attorney-client privilege is ‘strictly construed,’ and ‘protects only those

18 disclosures necessary to obtain informed legal advice which may not have been made

19 absent privilege.” (Doc. No. 529 at 1 (internal citations omitted).)

20 Moreover, the Magistrate Judge applied the relevant test in the February 12 Order.

21 To evaluate whether to stay a magistrate judge’s order, the court must apply a four-factor

22 test: “(1) whether the movant has made a showing of likelihood of success on the merits;

23 (2) whether the movant has made a showing of irreparable injury if the stay is not granted;

24 (3) whether the granting of the stay would substantially harm the other parties; and (4)

25 whether the granting of the stay would serve the public interest.” In re Republic of Ecuador,

26 No. 10-MC-80087 CRB (NC), 2012 WL 13187177, at *2 (N.D. Cal. Mar. 30, 2012) (citing

27 Nken v. Holder, 556 U.S. 418 (2009)). Weighing each factor, the Magistrate Judge

28 concluded that a stay was not warranted. (Doc. No. 533 at 2.) Most importantly, the

| || February 12 Order found “Defendants simply repeat the arguments they made in opposition

2 ||to the motion to compel” and did not find “the pending appeal in Greer v. County of San

3 Diego undermines its findings that the CIRB Reports are not privileged, as the Court

4 ||understands that appeal to bear on the separate issue of whether the reports should have

5 || been disclosed to the media.” (/d.) Accordingly, the County’s objections to the Magistrate

6 || Judge’s Orders do not establish that the Magistrate Judge’s ruling was clearly erroneous or

7 || contrary to law.

8 ||1V. CONCLUSION

9 Based on the foregoing, the Court OVERRULES the County’s objections to

10 Magistrate Judge David Leshner’s Orders. (Doc. Nos. 541, 542.) The Court ORDERS

1 Defendants to produce the CIRB Reports as ordered by Magistrate Judge Leshner by not

12 later than Tuesday, February 20, 2024.

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14 IT IS SO ORDERED.

15 Dated: February 16, 2024 ©

16 Hon. Anthony J. attaglia

7 United States District Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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