The following excerpt is from Starkey v. Hernandez, Case No.: 3:17-cv-01158-JLS-KSC (S.D. Cal. 2018):
Plaintiff seeks the personnel records of defendant, including his employment history, post assignments, and disciplinary history. [Doc. No. 31.] Plaintiff cites Beach v. City of Olathe, Kansas, 203 F.R.D. 489 (D. Kan. 2001) and King v. Conde, 121 F.R.D. 180 (E.D.N.Y. 1988) for the proposition that defendant possesses the burden of identifying a specific privilege to prevent the discovery of otherwise relevant confidential information. [Doc. No. 28.] Defendant has asserted both privacy, and the qualified official information privilege, as bases to preclude the production of these documents. [Doc. No. 33 at 4-7.]
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