Whitney

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RYAN MCMAHON, Case No. 2:23-cv-1972-KJM-JDP (PS) 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 JOHN WHITNEY, et al.,

15 Defendants. 16 17 18 Plaintiff, initially represented by counsel but now proceeding pro se, brought this case 19 alleging that his personnel records at the Vallejo Police Department were breached and released 20 to a local newspaper. ECF No. 1. Pending are his motions to strike, ECF No. 52, and for 21 sanctions, ECF No. 56. The motion to strike seeks to strike documents that defendant John 22 Whitney’s former counsel filed in an opposition to plaintiff’s motion to disqualify counsel. ECF 23 No. 52; see ECF No. 66. Plaintiff argues that these documents were privileged insofar as they are 24 confidential personnel records and include attorney-client communications between plaintiff and 25 Whitney’s former counsel, Alison Berry Wilkinson, who previously represented plaintiff in a 26 separate matter. The relevant…