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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Kevin G. Little, Esq. (SBN 149818)
Post Office Box 8656
Fresno, CA 93747
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Darrell J. York, Esq. (SBN 145601)
Sarah L. Garvey, Esq. (SBN 202491)
Law Offices of York & Garvey
137 N. Larchmont Blvd, Suite
Telephone: [phone]
Facsimile: [phone] 506
Los Angeles, CA 90004
Email: [e-mail]
Email: [e-mail]

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Attorneys for Plaintiff ERIC GREEN
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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ERIC GREEN,

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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.

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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)

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Defendants.
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TO THE HONORABLE COURT:

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The undersigned parties, through their counsel of record, hereby enter into the

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following stipulation:

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STIPULATION AND ORDER

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WHEREAS plaintiff caused a subpoena to be served on the California Department of
Corrections and Rehabilitation on or about May 29, 2015; and

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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;

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and
WHEREAS the efficient administration of justice and the protection of the legal interests

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of all concerned dictate that an advance agreement as to the conditions of the site visit needs be

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made; and

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WHEREAS the current June 12, 2015 deadline for filing discovery motions would not, as

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a practical matter, permit the parties to raise any issues pertaining to this site visit with the Court,

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THE PARTIES HEREBY STIPULATE AS FOLLOWS:

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1.

The site inspection will be limited to areas outlined in the above subpoena request.

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2.

Anyone participating in the site visit on plaintiff's behalf must clear a background

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check, and will have to submit a completed CDCR 106 Form for approval at least two days

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before the scheduled site visit.

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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

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group accompanied by an Investigative Services officer, who will have a digital camera and will

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take photographs as requested by plaintiff's representatives, so long as the photographs would

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depict locations or objects within the areas described in the subpoena.

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5.

The photographs will be reviewed by the CCI-Tehachapi Warden prior to their

release to plaintiff's representatives.

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STIPULATION AND ORDER

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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.

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_____________________
/s/Kevin G. Little
Kevin G. Little
Attorney for Plaintiff Eric Green

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Dated: June 8, 2015

ATTORNEY GENERAL OF CALIFORNIA

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/s/Arthur B. Mark III
______________________
Arthur B. Mark III
Attorneys for Defendants Delgado, Ramirez &
Gonzales

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Dated: June 8, 2015

LAW OFFICES OF LEBEAU THELEN, LLP

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/s/Thomas P. Feher
______________________
Thomas P. Feher
Attorneys for Defendant Ortega

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Dated: June 8, 2015

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CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION
______________________
/s/James Michael Davis
James Michael Davis
CDCR Office of Legal Affairs

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IT IS SO ORDERED.
Dated:

June 10, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER