Free Order - District Court of California - California

Case 3:07-cv-05058-WHA

Document 55

Filed 06/03/2008

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A limited liability partnership formed in the State of Delaware

John Lynn Smith (SBN 154657) (E-Mail: [email protected]) Julia C. Butler (SBN 199133) (E-Mail: [email protected]) Joonsik Maing (SBN 240927) Email: [email protected] REED SMITH LLP 1999 Harrison Street, Suite 2400 Oakland, CA 94612-3572 Mailing Address: P.O. Box 2084 Oakland, CA 94604-2084 Telephone: Facsimile: +1 510 763 2000 +1 510 273 8832

Attorneys for Defendant REDWOOD LANDFILL, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA NORTHERN CALIFORNIA RIVER WATCH, a non-profit corporation, Plaintiff, vs. REDWOOD LANDFILL INC. and DOES 1-10, inclusive, Defendants. No.: C-07-5058 WHA [PROPOSED] ORDER AFTER 5/29/2008 DISCOVERY HEARING Honorable William Alsup

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REED SMITH LLP

A discovery hearing was held in this matter on May 29, 2008 for consideration of Plaintiff Northern California River Watch's ("Plaintiff") request for an order compelling production of data and results from split samples taken during Plaintiff's February 21, 2008 site visit [Docket No. 49] and Defendant Redwood Landfill, Inc.'s ("Defendant") request for an order quashing or limiting the scope of third-party document subpoenas [Docket No. 51]. Jack Silver and Joseph J. Bernhaut of the Law Office of Jack Silver appeared on behalf of Plaintiff. Julia C. Butler of Reed Smith LLP appeared on behalf of Defendant. Having fully considered the parties' requests for discovery relief, and good cause appearing, IT IS HEREBY ORDERED:
No.: C-07-5058 WHA -1[Proposed] Order After 5/29/2008 Discovery Hearing

Case 3:07-cv-05058-WHA

Document 55

Filed 06/03/2008

Page 2 of 2

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A limited liability partnership formed in the State of Delaware

Plaintiff's request for an order compelling Defendant to produce the data and results from split samples taken by Defendant's expert consultant during Plaintiff's February 21, 2008 site visit ("samples results") is DENIED. The sample results are protected by the attorney work product doctrine. However, if Defendant intends to use or rely on the sample results in dispositive motions or at trial in this matter, Defendant must notify Plaintiff by 12:00 p.m. on July 3, 2008, via letter attaching the sample results in question. If Defendant does not produce the sample results to Plaintiff by 12:00 p.m. on July 3, 2008, Defendant is barred from using or relying on the sample results in dispositive motions or at trial of this matter.

With respect to Defendant's request that this Court quash or limit the scope of third-party document subpoenas, Defendant is ordered to further meet and confer with Plaintiff on this issue. Plaintiff shall prepare a more specific list of the documents sought via subpoena and Defendants shall prepare a list of document categories they believe should be excepted from production. The parties shall then meet and confer in person on or before June 9, 2008. If the parties have not reached agreement as to the scope of the subpoenas by June 9, 2008, Defendant shall have one week (up to and including June 16, 2008) to file a motion for protective order or motion to quash. The third parties served with the subpoenas at issue are excused from complying with the subpoenas until there is either (1) agreement between the parties as to the categories of documents requested by the subpoenas; or (2) an order by the Court regarding the subpoenas. As soon as an agreement is reached or an order entered by the Court, Plaintiff shall notify the third parties of same and shall allow the third parties a reasonable amount of time to comply with the subpoenas as modified (such reasonable amount of time to be determined by the Plaintiff in conjunction with each of the third parties).
UNIT ED

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REED SMITH LLP

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S DISTRICT TE C TA

IT IS SO ORDERED. DATE: June 3 2008 __,

N F _______________________________________ D IS T IC T O R Honorable William H. Alsup United States District Court Judge

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No.: C-07-5058 WHA

­2­ [Proposed] Order After 5/29/2008 Discovery Hearing

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