Green v. Delgado et al

Filing 56

STIPULATION and ORDER 55 re: Discovery Issues Related to Subpoena and Site Inspection, signed by Magistrate Judge Jennifer L. Thurston on 6/10/2015. (Hall, S)

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1 2 3 Kevin G. Little, Esq. (SBN 149818) Post Office Box 8656 Fresno, CA 93747 Telephone: (559) 708-4750 Facsimile: (559) 420-0839 Email: 4 5 6 7 8 Darrell J. York, Esq. (SBN 145601) Sarah L. Garvey, Esq. (SBN 202491) Law Offices of York & Garvey 137 N. Larchmont Blvd, Suite Telephone: (866) 908-2121 Facsimile: (877) 221-3306 506 Los Angeles, CA 90004 Email: Email: 9 Attorneys for Plaintiff ERIC GREEN 10 IN THE UNITED STATES DISTRICT COURT 11 FOR THE EASTERN DISTRICT OF CALIFORNIA 12 FRESNO DIVISION 13 14 15 ERIC GREEN, 16 17 Case No.: 1:14-cv-00297-LJO-JLT (PC) Plaintiff, STIPULATION AND ORDER: RE DISCOVERY ISSUES RELATED TO SUBPOENA SERVED ON CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION AND RELATED SITE VISIT TO CALIFORNIA CORRECTIONAL INSTITUTION - TEHACHAPI ON JUNE 11, 2015 v. 18 19 20 21 22 CORRECTIONS OFFICER O. DELGADO, in his individual capacity; CORRECTIONS OFFICER J. RAMIREZ, in his individual capacity; CORRECTIONS OFFICER J. GONZALES, in his individual capacity; CORRECTIONS OFFICER H. ORTEGA, in his individual capacity; and DOES 1 THROUGH 20 (in their individual capacities), (Doc. 55) 23 Defendants. 24 25 TO THE HONORABLE COURT: 26 The undersigned parties, through their counsel of record, hereby enter into the 27 following stipulation: 28 1 STIPULATION AND ORDER 1 2 WHEREAS plaintiff caused a subpoena to be served on the California Department of Corrections and Rehabilitation on or about May 29, 2015; and 3 4 WHEREAS this subpoena requests, inter alia, a site visit to CCI-Tehachapi, specifically stating as follows: Eric W. Green’s attorneys and consultants request permission to view, inspect, measure and photograph the locations at CCI-Tehachapi where Eric Green was between 7:30 a.m. and 9:30 a.m. on April 14, 2013. Counsel are informed and believe the pertinent areas would include: (a) the medical holding area; (b) the hallways and rotunda through which Green was escorted when being taken toward 8B-105; (c) the location where force was used on Green, including any baton strikes; (d) housing unit 8B; and (e) the medical clinic area; 5 6 7 8 9 10 and WHEREAS the efficient administration of justice and the protection of the legal interests 11 of all concerned dictate that an advance agreement as to the conditions of the site visit needs be 12 made; and 13 WHEREAS the current June 12, 2015 deadline for filing discovery motions would not, as 14 a practical matter, permit the parties to raise any issues pertaining to this site visit with the Court, 15 THE PARTIES HEREBY STIPULATE AS FOLLOWS: 16 1. The site inspection will be limited to areas outlined in the above subpoena request. 17 2. Anyone participating in the site visit on plaintiff's behalf must clear a background 18 check, and will have to submit a completed CDCR 106 Form for approval at least two days 19 before the scheduled site visit. 20 21 22 3. Anyone participating in the site visit on plaintiff's behalf will not take cell phones, cameras, tape recorders or other recording or electronic media onto the prison grounds. 4. Anyone participating in the site visit on plaintiff's behalf will remain in a 23 group accompanied by an Investigative Services officer, who will have a digital camera and will 24 take photographs as requested by plaintiff's representatives, so long as the photographs would 25 depict locations or objects within the areas described in the subpoena. 26 27 5. The photographs will be reviewed by the CCI-Tehachapi Warden prior to their release to plaintiff's representatives. 28 2 STIPULATION AND ORDER 1 2 3 4 5 6 6. Any photographs deemed unsuitable for release to plaintiff's representatives by the Warden will be retained, and, if required, produced to the Court for its in camera review. 7. The parties will have fourteen (14) days from the date they are notified of the non- release of any of the subject photographs to file any appropriate motions for relief with the Court. 8. Counsel for all parties will receive a copy of any photographs released. Dated: June 8, 2015 KEVIN G. LITTLE, ESQ. 7 _____________________ /s/Kevin G. Little Kevin G. Little Attorney for Plaintiff Eric Green 8 9 10 Dated: June 8, 2015 ATTORNEY GENERAL OF CALIFORNIA 11 /s/Arthur B. Mark III ______________________ Arthur B. Mark III Attorneys for Defendants Delgado, Ramirez & Gonzales 12 13 14 Dated: June 8, 2015 LAW OFFICES OF LEBEAU THELEN, LLP 15 /s/Thomas P. Feher ______________________ Thomas P. Feher Attorneys for Defendant Ortega 16 17 18 Dated: June 8, 2015 19 20 CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION ______________________ /s/James Michael Davis James Michael Davis CDCR Office of Legal Affairs 21 22 23 24 IT IS SO ORDERED. Dated: June 10, 2015 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 25 26 27 28 3 STIPULATION AND ORDER

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