OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTIONS TO COMPEL (Docs. 34 and 42) In June 2018, Black Love Resists In the Rust and four individuals brought this suit on behalf of the organization, its members, and a purported class of similarly situated individuals (collectively, “Plaintiffs”) against the City of Buffalo (the “City”); Buffalo Mayor Byron Brown; current Buffalo Police Department (“BPD”) Commissioner Byron Lockwood, individually and in his official capacity; former BPD Commissioner Daniel Derenda, individually; and named and unnamed BPD officers and supervisors (collectively, “Defendants”). Before the court are two motions to compel (Docs. 34 and 42) filed by Plaintiffs seeking the production of documents by the City and the BPD related to BPD traffic checkpoints; racial profiling, bias, and discrimination by the BPD; and BPD traffic stops, traffic ticketing, and other traffic enforcement practices. Plaintiffs are represented by Andrea C. Ezie, Esq., Baher Azmy, Esq., Britney R. Wilson, Esq., Claudia Wilner, Esq., Darius Charney, Esq., Edward Krugman, Esq., Joseph A. Kelemen, Esq., Keisha A. Williams, Esq., Marc Cohan, Esq., and Travis W. England, Esq. Defendants are represented by Robert E. Quinn, Esq. I. Factual and Procedural Background. A. The Complaint’s Allegations. The Complaint alleges that Defendants violated Plaintiffs’ rights under the Fourth and Fourteenth Amendments of the United States Constitution and discriminated against them on the basis of their race or ethnicity. Plaintiffs allege that for the past approximately seven years, the City and the BPD conducted vehicle checkpoints at which members of the BPD “Strike Force” stopped and searched drivers “without any individualized suspicion of wrongdoing.” (Doc. 1 at 2, 3.) The Complaint includes statistics purporting to demonstrate that most of the checkpoints were located in areas of the City with a majority of Black and Latino residents. Plaintiffs further allege the Strike Force worked in conjunction with the BPD Housing Unit to conduct checkpoints near certain public housing complexes with predominantly Black and Latino residents. Plaintiffs contend that the checkpoint program, along with citywide traffic enforcement practices, led to the disproportionate and sometimes pretextual issuance of traffic tickets to Black and Latino City residents. In 2012, the year the checkpoint program commenced, Plaintiffs allege that the number of traffic violations ticketed in the City increased dramatically and that one of the objectives of increased enforcement was to generate revenue for the City.1 The checkpoint program also allegedly resulted in an increase in the number of vehicles towed, with a corresponding increase in impound-lot revenue. Plaintiffs allege that the BPD’s ticketing and towing practices compound racial and economic inequality, forcing Black and Latino residents who are ticketed at disproportionate rates to choose between paying “frequently substantial fines[,]” id. at 4, 7, or having their driver’s licenses suspended, which in turn prevents them from traveling for work or education. According to Plaintiffs, statistical analysis suggests that the checkpoints were not located or conducted to promote traffic safety. Plaintiffs allege the checkpoint program has been publicly discussed in the City for the last several years, including in the 2017 Democratic mayoral primary race. In July 2017, the City’s Common Council2 passed a resolution expressing concern about the checkpoint program and requesting related BPD data. The State’s Attorney General opened an investigation into the checkpoint program in December 2017. In February 2018, the Strike Force was disbanded. However, Plaintiffs allege that the checkpoint program continued through at least April 2018. Plaintiffs bring individual claims and seek to bring class action claims on behalf of three putative classes. The first putative class is “[a]ll individuals who have been or will be subjected by BPD to ‘traffic safety’ vehicle Checkpoints[,]” with a proposed subclass consisting of all non-White individuals within the broader class. Id. at 39,
