ARC Students for Liberty Campaign v. Los Rios Community College District

Filing 90

ORDER signed by Senior Judge Lawrence K. Karlton on 6/10/2010 ORDERING 88 the court ORDERS plaintiff to file declarations from Otterstad and Popko concerning their search efforts within 7 days of the issuance of this order. Plaintiff is reminded to comply with E.D. Cal. Local Rule 131(f) when preparing the declarations. (Reader, L)

1 2 3 4 5 6 7 8 9 10 11 Plaintiff, 12 v. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 LOS RIOS COMMUNITY COLLEGE DISTRICT, BRICE W. HARRIS, Chancellor, in his official capacity; WILLIAM V. KARNS, Vice Chancellor in his capacity, and DOES 1-10, Defendants. / On May 25, 2010, the court ordered plaintiff's members to search for two documents that were mentioned during their ORDER ARC STUDENTS FOR LIBERTY CAMPAIGN, an unincorporated association, NO. CIV. S-09-2446 LKK/GGH UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

depositions. If they were unable to locate the documents, they were to file a declaration or declarations concerning the search and their inability to find the documents. On June 8, 2010, plaintiff the filed search and a declaration efforts Yuriy of from of

plaintiff's plaintiff's

counsel members:

concerning Luke

two

Otterstad 1

Popko.

This

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declaration is insufficient. Plaintiff's counsel does not have personal knowledge of the search efforts of Otterstad and Popko. Accordingly, defendants have no assurances, under penalty of perjury, that the individuals who searched for the documents did so diligently and were unable to locate the documents at issue. For the foregoing reasons, the court ORDERS plaintiff to file declarations from Otterstad and Popko concerning their search efforts within seven (7) days of the issuance of this order. Plaintiff is reminded to comply with E.D. Cal. Local Rule 131(f) when preparing the declarations. IT IS SO ORDERED. DATED: June 10, 2010.

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