United States of America v. Sierra Pacific Industries et al

Filing 319

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/7/11; Defendants shall produce all documents responsive to the United States' Requests for Production No. 536 to SPI and No. 509 to Beaty, including any and all documents, photographs and data that Gary White and Walt Wruble generated, read, review, saw, used, or reflected upon during, as a result of, or in connection with their visits to and investigation of the alleged Moonlight Fire origin area. All such documents shall be produced no later than November 2, 2011. 2. SPI will produce Gary White at deposition for an additional 3.5 hours to answer questions related to Mr. White's investigation of the Moonlight Fire origin area, including any opinions he may have formed as to the origin of the Moonlight Fire and the basis of those opinions. Walt Wruble will be produced for an additional 7.0 hours of deposition and is ordered to answer all questions related to his investigation of the Moonlight Fire origin area, including any opinions he may have formed as to the origin of the Moonlight Fire and the basis of those opinions. (Matson, R)

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

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Attorneys for the United States

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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v.

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CASE NO. 2:09-cv-02445-KJM-EFB
ORDER REGARDING MOTION BY THE
UNITED STATES TO COMPEL
DEPOSITION TESTIMONY AND
PRODUCTION OF DOCUMENTS

SIERRA PACIFIC INDUSTRIES, et al.,

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Defendants.

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_____________________________________

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Date:
Time:
Judge:
Courtroom:
Trial Date:

October 26, 2011
10:00 a.m.
Hon. Edmund F. Brennan
24, 8th Floor
April 23, 2012

AND RELATED CROSS-ACTIONS.

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This matter was before the Court on October 26, 2011, for hearing on the United States' Motion

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to Compel Deposition Testimony and Production of Documents against Defendants Sierra Pacific

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Industries ("SPI"), and W.M. Beaty and Associates, Inc. and the Landowners (collectively "Beaty").

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After considering the motions, the joint statement regarding the discovery dispute, the declarations and

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exhibits submitted by the parties, and oral argument, the Court hereby GRANTS the United States'

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motion in full. The Court orders as follows:

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1.

Defendants shall produce all documents responsive to the United States' Requests for

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Production No. 536 to SPI and No. 509 to Beaty, including any and all documents, photographs and

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data that Gary White and Walt Wruble generated, read, review, saw, used, or reflected upon during, as

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a result of, or in connection with their visits to and investigation of the alleged Moonlight Fire origin

Order re US Motion to Compel Deposition Testimony and Production

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area. All such documents shall be produced no later than November 2, 2011.
2.

SPI will produce Gary White at deposition for an additional 3.5 hours to answer

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questions related to Mr. White's investigation of the Moonlight Fire origin area, including any opinions

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he may have formed as to the origin of the Moonlight Fire and the basis of those opinions. Walt

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Wruble will be produced for an additional 7.0 hours of deposition and is ordered to answer all

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questions related to his investigation of the Moonlight Fire origin area, including any opinions he may

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have formed as to the origin of the Moonlight Fire and the basis of those opinions.

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DATED: November 7, 2011.

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Order re US Motion to Compel Deposition Testimony and Production

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