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Welch v. City of Albuquerque

United States District Court, D. New Mexico

July 28, 2017

TERYSA M. WELCH, Plaintiff,
v.
CITY OF ALBUQUERQUE, a New Mexico Municipality; RAYMOND SCHULTZ, ELIZABETH PAIZ, WILLIAM ROSEMAN, JOSEPH HUDSON, DAVID HUBBARD, ROBERT SMITH, CECIL KNOX, J.R. POTTER, KEVIN GAGNE, SUE NEAL, and JOHN DOES I-V, Individually and as agents and employees of the City of Albuquerque, Defendants.

          WIGGINS, WILLIAMS & WIGGINS, P.C. Attorneys for Defendants AGUILAR & AGUILAR, P.C. Esteban A. Aguilar, Sr. Esteban A. Aguilar, Jr.

          THE LAW OFFICE OF RYAN J. VILLA Attorneys for Plaintiff

          STIPULATED CONFIDENTIALITY ORDER

         THIS MATTER having come before the Court upon the agreement and stipulation of the parties as set forth herein, and the Court finding good cause, IT HEREBY IS ORDERED, ADJUDGED AND DECREED as follows:

         It is the agreement of the undersigned parties that certain documents and information should be exchanged that might otherwise be considered confidential. Though the parties may dispute the confidential status of certain documents, the parties agree to keep the following documents and information confidential for the purposes of this litigation, unless and until either party challenges whether the document or information should not be subject to this Order and the Court makes a ruling regarding said challenge pursuant to an in camera review:

1. Plaintiff's and the individual Defendants' medical and psychological information which are otherwise protected from discovery by patient-medical care provider privilege, and/or the patient-counselor or patient/psychotherapist privilege, or by N.M. Stat. Ann. §30-9-16 through 30-9-15 NMSA, FERPA, and N.M.R. 11-413;
2. The personnel and IA files of the Plaintiff and individual Defendants;
3. All IA investigation documents, including but not limited to Albuquerque Police Department Internal Affairs investigation #I-214-09, and specifically all target letters, any recorded target and witness interviews and statements, transcripts of said target and witness interviews and statements, investigator notes and recommendations, supervisor notes and recommendations, proposed disciplinary actions, and final disciplinary actions associated with this internal affairs investigation; and
4. Plaintiff's recorded statements during their Office of Professional Standards interviews.

         The Parties recognize that documents as described in paragraphs 2 and 3 above may be subject to release pursuant to the New Mexico Inspection of Public Records Act (“IPRA”), NMSA § 14-2-1 et. al., by Defendant City of Albuquerque, unless legally exempt from release.

         IT IS THEREFORE ORDERED:

1. This Order governs the use and/or production of the following documents for the sole purposes of this litigation, including:
a. The use and/or production and disclosure of any evidence of Plaintiff's psychological medical history, emotional condition or diagnosis obtained by a psychiatrist, psychologist, a psychotherapist or doctor or counselor during the course of medical care, psychological care, psychotherapy, therapy or counseling.
b. The use and/or production of Plaintiff's and Defendants' personnel files, IA files and statements, and e-mail files as well as Albuquerque Police Department Internal Affairs investigation #I-214-09. Said personnel files, IA files and emails may be redacted to obscure Social Security numbers, home addresses, home telephone numbers, day and month of birthdate and any other personal identifying information as defined by IPRA.
2. All “Confidential Material, ” may be marked as such by the producing party, or alternatively, marked by placing a cover sheet on the front of the produced material with the “CONFIDENTIAL, ” typed, written, or printed on such cover sheet or the designation of “confidential” in an e-mail attachment. The identification of “Confidential Material” in either of these fashions shall mean that all materials or information or testimony ...

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