Huerta v. County of Tulare, et al

Filing 100

Order re hearing on Defendants' 92 Motion for Sanctions, signed by Magistrate Judge Erica P. Grosjean on 2/18/2022. (Supplemental Briefing filed by 2/28/2022; Stipulation or Status Report filed by 3/4/2022) (Rosales, O.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAMIRO HUERTA,

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Plaintiff,

Case No. 1:17-cv-01446-EPG
ORDER RE: HEARING ON DEFENDANTS’
MOTION FOR SANCTIONS

v.
(ECF No. 92)

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COUNTY OF TULARE, et al.,

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Defendants.

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As discussed on the record at the February 18, 2022 hearing on Defendants’ motion for
sanctions (ECF No. 92), IT IS HEREBY ORDERED that:
1. Within ten (10) days of entry of this order, the parties may file supplemental briefing
regarding the following issues:
a. Whether the specific copy of the 2017 policy document that Plaintiff’s counsel

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used to refresh a witness’s recollection in the state court criminal trial is publicly

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available or was obtained from discovery in this case;

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b. Whether the judge in the state court criminal trial granted Plaintiff’s counsel
permission to use Exhibit CC;
c. The portion of Ron Smith’s testimony in the state court criminal trial that led
Plaintiff’s counsel to refer to Exhibits BB and CC;
d. How Exhibit BB was used in the state court criminal trial, including whether it was
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introduced and/or given to the jury;

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2. Within ten (10) days of entry of this order, Defendants may also file an updated request

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and additional information regarding their request for a monetary award. Defendants

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should include an itemization of fees and costs requested and billing entries or other

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appropriate descriptions of the expenditures of Defendants’ counsel’s time. Plaintiff may

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file supplemental briefing regarding the requested monetary award within seven (7) days

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of service of Defendants’ supplemental briefing;

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3. The parties’ supplemental briefing on the foregoing issues shall not exceed a total of

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seven (7) pages in length, not including exhibits. Following receipt of the parties’

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supplemental briefing, Defendants’ motion for sanctions will be taken under submission

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on the record, arguments, and briefs on file; and

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4. The parties are directed to meet and confer regarding: 1) a proposed schedule for

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proceeding with this case; and 2) which, if any, exhibits submitted in connection with the

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briefing on the motion for sanctions can be sealed and whether Plaintiff’s counsel will pay

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the affected individuals for the cost of a one-year subscription to LifeLock Advantage.

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Within fourteen (14) days of entry of this order, the parties shall file an appropriate

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stipulation regarding these issues and/or status report notifying the Court of any remaining

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disputes.

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IT IS SO ORDERED.
Dated:

February 18, 2022

/s/
UNITED STATES MAGISTRATE JUDGE

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