Rodriguez, et al. v. City of Fresno, et al.
Filing
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ORDER DIRECTING CLERK TO RETURN DOCUMENTS TO THE OFFICE OF THE FRESNO COUNTY DISTRICT ATTORNEY, signed by Magistrate Judge Michael J. Seng on 4/26/2017. (Lafata, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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TINA MA, et al.,
Plaintiffs,
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v.
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ORDER DIRECTING CLERK TO RETURN
DOCUMENTS TO THE OFFICE OF THE
FRESNO COUNTY DISTRICT ATTORNEY
CITY OF FRESNO, et al.,
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Case No. 1:15-cv-01426-WBS-MJS
Defendants.
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The Court is in receipt of a copy of correspondence, dated February 23, 2017,
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from Douglas O. Treisman, Senior Deputy District Attorney at the Fresno County Office
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of the District Attorney, to Stanley S. Ma, counsel for Plaintiffs. The Office of the District
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Attorney is not a party to this action and Mr. Treisman is not counsel of record.
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The correspondence appears to relate to a subpoena duces tecum that
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apparently was served on the Office of the District Attorney. In the letter, Mr. Treisman
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states that he has sent a declaration and an opinion letter to the “Federal Court” “under
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seal” explaining his inability to provide the opinion letter to Plaintiff’s counsel. He states
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he will provide the opinion letter if required to do so by court order.
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A review of the docket reflects that there are no discovery disputes in this matter
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that are pending before the Court. Neither party has requested a ruling regarding the
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District Attorney’s release of the opinion letter. The Office of the District Attorney has not
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sought to quash the subpoena. In short, there is no matter before the Court to which this
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correspondence pertains.
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Furthermore, the letter from Mr. Treisman to Mr. Ma is the only correspondence
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the Court has received in this regard. Mr. Treisman has not moved to submit documents
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under seal and the Court has received no such submissions. The copy of the
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correspondence that the Court received does not include the opinion letter at issue,
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despite references therein to submission of same to the “Federal Court” “under seal.”
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Thus, even if the Court was inclined to rule on a matter that no party or real party in
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interest has properly brought before it, it could not do so because it is wholly without
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information regarding the nature of the dispute or the evidence at issue.
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Accordingly, the Clerk’s Office is HEREBY DIRECTED to return Mr. Treisman’s
letter and the attached declaration to the Office of the District Attorney.
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IT IS SO ORDERED.
Dated:
April 26, 2017
/s/
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Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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