Opinion
20-cv-2096-BAS-DDL
05-23-2024
THE ESTATE OF ELISA SERNA, et Plaintiffs, v. COUNTY OF SAN DIEGO, et al., Defendants.
ORDER: 1) GRANTING JOINT MOTION FOR RELEASE OF JUVENILE DEPENDENCY RECORDS [DKT. NO. 473]; 2) REQUIRING REDACTIONS TO CSD 316-324; AND 3) REGARDING REDACTIONS TO SERNA 00335, 36, AND 37 AND SERNA 00326-00334
HON. DAVID D. LESHNER, UNITED STATES MAGISTRATE JUDGE
Before the Court are the parties' Joint Motion for Order to Compel Production of Elisa Serna's Juvenile Dependency Records [Dkt. No. 473]; Plaintiffs' Status Report Regarding Redactions [Dkt. No. 474]; and Defendant Von Lintig's Supplemental Briefing Regarding De-Designation of CSD 316-324 [Dkt. No. 475]. Having considered the parties' various moving papers, the Court ORDERS as follows:
1. The parties' joint motion compelling the production of Elisa Serna's juvenile dependency records [Dkt. No. 473] is GRANTED. The Court finds that the records are relevant to the litigation and that any privacy concerns can be mitigated by designation of the records pursuant to a protective order. See Meyer v. Cnty. of San Diego, No 21-cv-341-RSH-BLM, 2024 WL 86603, at **5-6 (S.D. Cal. Jan. 8, 2024) (finding the district court has the authority to order production of juvenile case records); see also Cal. Welf. & Inst. Code § 827(a)(2) (recognizing diminished confidentiality of records relating to deceased juvenile). The County Defendants are hereby ORDERED to produce Elisa Serna's juvenile dependency records currently in the County Defendants' possession, custody and control to all other parties by not later than May 30, 2024 . These records shall be treated as confidential pursuant to the operative protective order.
2. Defendant Von Lintig's request that any email addresses contained in documents CSD 316-324 be redacted, including any hyperlinked email addresses, is GRANTED. See Dkt. No. 475. All parties are ORDERED to redact this information from documents CSD 316-324 before disseminating or otherwise publishing them.
3. The Court is in receipt of the parties' status reports [Dkt. Nos. 474, 477] and understands Defendants are still in the process of reviewing video footage of Elisa Serna in her cell. The parties are ORDERED to file a further status report regarding their positions as to the proposed blurring of SERNA00335, 36, and 37 by not later than June 1, 2024 . SERNA00335, 36, and 37 shall continue to be treated as confidential in the interim. The parties report they are in agreement as to Plaintiffs' proposed redactions to the Fire Department Report (SERNA-00326-00334). The redacted version of SERNA-00326-00334 is no longer subject to the protective order. Dissemination of the unredacted document is prohibited.
IT IS SO ORDERED.