141 Request For Recon - Kc Opp

Case 1:07-cv-00026-OWW-TAG

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Document 141

Filed 05/23/2008

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Mark A. Wasser CA SB #060160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 6) 444-6400 444-6405

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Date Action Filed: January 6, 2007 Trial Date: December 3, 2008

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Defendants respectfully submit this memorandum in opposition to Plaintiff s motion for

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reconsideration of Magistrate Judge Teresa Goldner's Order of May 9, 2008 granting in part and

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denying in part Plaintiffs motion to compel further responses (the "Order").

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In so far as is relevant here, the Magistrate Judge found that some of Plaintiffs discovery requests put into issue the privacy rights of third parties. See, e.g., Order at pp. 4-5. Drawing -1DEFENDANTS' MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO PLAINTIFF'S MOTION FOR RECONSIDERATION

Case 1:07-cv-00026-OWW-TAG

Document 141

Filed 05/23/2008

Page 2 of 2

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from precedents that suggest it is appropriate to balance the competing interests of privacy and

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disclosure (See, e.g., Ragge v. MeA Universal Studios, 165 F.R.D. 601, 604, n.3 (C.D. Cal. parties to meet

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4

5

IS

amJronriate to

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case.

Plaiinti1Ts mOltlOn

erroneous

strrmlate to a mutually ac:ce[,tab'le

not consume

bal;,mcmg test. 21 22

an

IS

no basis for reconsideration and Plaintiff s motion should be denied. Respectfully submitted,

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Dated: May 23,2008

LAW OFFICES OF MARK A. WASSER

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By:

lsi Mark A. Wasser Mark A. Wasser Attorney for Defendants, County of Kern, et al.

28 -2DEFENDANTS' MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO PLAINTIFF'S MOTION FOR RECONSIDERATION