United States of America v. Sierra Pacific Industries et al

Filing 274

STIPULATION and ORDER 271 signed by Magistrate Judge Edmund F. Brennan on 8/10/11, ORDERING that the Court approves the partial resolution of the United States' 248 motion to compel SierraPacific Industries' responses to requests for production of documents and interrogatories. The remaining matters will be addressed at the discovery hearing set for 8/10/11. (Kastilahn, A)

1
2
3
4
5

BENJAMIN B. WAGNER
United States Attorney
KELLI L. TAYLOR
RICHARD M. ELIAS
Assistant United States Attorneys
United States Courthouse
501 “I” Street, Suite 10-100
Sacramento, California 95814
Telephone: [phone]

6
Attorneys for the United States
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

CASE NO. 2:09-cv-02445-KJM-EFB

UNITED STATES OF AMERICA,

12

STIPULATION AND ORDER FOR PARTIAL
RESOLUTION OF THE UNITED STATES’
MOTION TO COMPEL SIERRA PACIFIC
INDUSTRIES’ RESPONSES TO
INTERROGATORIES AND REQUESTS FOR
PRODUCTION OF DOCUMENTS

Plaintiff,

13

v.

14

SIERRA PACIFIC INDUSTRIES, et al.,

15

Defendants.

16

_____________________________________

17

AND RELATED CROSS ACTIONS

Date:
Time:
Courtroom:
Trial Date:

August 10, 2011
10:00 a.m.
Courtroom 24
March 14, 2012

18
19
Plaintiff the United States and Defendant Sierra Pacific Industries, by and through their
20
respective counsel of record, hereby submit the following stipulation to partially resolve the United
21
States’ pending Motion to Compel:
22
I. RECITALS
23
1.

This action arises from a fire known as the Moonlight Fire that ignited on private land

24
adjacent to the Plumas National Forest on September 3, 2007.
25
2.

On July 20, 2011, the United States filed a notice of motion to compel Sierra Pacific’s

26
responses to specified interrogatories and requests for production of documents. (Court Docket (“CD”)
27
#248.) On August 3, 2011, the parties filed a joint statement, chart of disputed discovery and
28
declarations and exhibits regarding this discovery dispute. (CD #260, 261.) The parties continued to

STIPULATION AND PROPOSED ORDER ON U.S. MTC SPI’S DSC RESPONSES

1

1

meet and confer and have now partially resolved the matters at issue in the motion as specified herein.

2

II. STIPULATION

3
4

1.

interrogatories, set one, Nos. 1, 9, 12, 18, 20-23.

5
6

2.

Sierra Pacific Industries will provide supplemental responses to the United States’

requests for production, set one, Nos. 44, 45, 48-51.

7
8

Sierra Pacific Industries will provide supplemental responses to the United States’

3.

Sierra Pacific Industries will provide supplemental responses to the United States’

requests for production, set two, Nos. 127, 130, 148, 159, 172-178, 199-202.

9

4.

Sierra Pacific Industries will provide supplemental responses to the United States’

10

requests for production, set three, Nos. 218-219, 222-224, 227-229, 230-234, 256, 258-261, 334-336,

11

398-401, 403-404, 406-407, 434-437.

12
13

5.

requests for production, set four, No. 490.

14
15

6.

Sierra Pacific Industries will also make a supplemental production of documents as

indicated in its supplemental responses.

16
17

Sierra Pacific Industries will provide supplemental responses to the United States’

7.

The United States will withdraw from the Motion to Compel requests Nos. 142, 145,

220, 225, 226, 263, 398, 442, and 492.

18

8.

The requests that the United States and SPI were unable to reach an agreement on and

19

that remain the only issues in the pending motion to compel are requests Nos. 137, 491 (John Forno

20

personnel file and position application); Nos. 77, 443 (methodology/calculation other fires); Nos. 235-

21

240 (Fred’s fire damages); and No. 441 (all docs re equipment caused fires).

22

///

23

///

24

///

25
26
27
28

STIPULATION AND PROPOSED ORDER ON U.S. MTC SPI’S DSC RESPONSES

2

1

IT IS SO STIPULATED.

2
Respectfully submitted,
3
BENJAMIN B. WAGNER
United States Attorney

4
5

Date: August 9, 2011

7

/s/ Kelli L. Taylor
KELLI L. TAYLOR
RICHARD ELIAS
Assistant United States Attorneys
Attorneys for the United States of America

8

DOWNEY BRAND, LLP

By:
6

9
10

Date: August 9, 2011
By:

11
12

/s/ Annie Amaral
ANNIE AMARAL
MEGHAN BAKER
Attorneys for Defendant/Cross-Defendant
Sierra Pacific Industries

13
14
ORDER
15
The Court hereby approves the partial resolution of the United States’ motion to compel Sierra
16
Pacific Industries’ responses to requests for production of documents and interrogatories. The
17
remaining matters will be addressed at the discovery hearing scheduled for August 10, 2011.
18
IT IS SO ORDERED.
19
20
Date: August 10, 2011.
21

___________________________________
Honorable Edward J. Edmund F. Brennan
United States Magistrate Judge
Eastern District of California

22
23
24
25
26
27
28

STIPULATION AND PROPOSED ORDER ON U.S. MTC SPI’S DSC RESPONSES

3