United States of America v. State of California et al

Filing 118

ORDER signed by Magistrate Judge Kendall J. Newman on 5/18/2018 DIRECTING parties on discovery issues. Any request for expedited discovery beyond the parameters of this order is DENIED. (See Order for details and instructions). (York, M)

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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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No. 2:18-cv-490-JAM-KJN

Plaintiff,
v.

ORDER

STATE OF CALIFORNIA, et al.,

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Defendants.

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On May 18, 2018, the court, at the parties’ request, conducted a hearing regarding

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expedited discovery in connection with defendant State of California’s (“California”) opposition

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to plaintiff United States of America’s (“United States”) pending motion for a preliminary

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injunction. At the hearing, attorneys Erez Reuveni, Lauren Bingham, and David Shelledy

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appeared on behalf of the United States, and attorneys Lee Sherman and Anthony Hakl appeared

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on behalf of California.

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After carefully considering the parties’ joint letter brief (ECF No. 95) and the parties’ oral
argument at the hearing, IT IS HEREBY ORDERED that:
1. The United States may depose Joe Dominic regarding paragraphs 6-13 of his

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declaration, including: (a) CLETS and all of its databases in broad, general terms, as

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discussed in greater detail on the record at the hearing; and (b) more specific
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information concerning the databases for Supervised Release File, California Sex

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Arson Registry, and the Automated Criminal History System. The United States may

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also depose Mr. Dominic regarding the reporting requirements for local law

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enforcement authorities established in a memorandum signed by Mr. Dominic as

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discussed in greater detail on the record at the hearing, and whether or not any of the

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information responsive to such reporting requirements is already in California’s

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possession.

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2. The United States may depose Arif Alikhan regarding the contents of his declaration.

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3. The United States may depose Tom Wong regarding paragraphs 8-41 of his

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declaration.
4. Each deposition shall be limited to four (4) hours of questioning by the United States,

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although the court expects the parties to make reasonable and appropriate

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accommodations, if necessary. Additionally, California may, but need not, also elect

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to question the deponents at their depositions, with logistical notice provided to the

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United States in advance of the depositions.

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5. The deponents shall produce before or at the depositions all documents and data

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discussed or relied upon in their declarations, except that for any surveys conducted

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the deponents need not provide the identities of any survey respondents.

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6. All depositions shall take place no later than June 1, 2018, absent an agreement by the

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parties. The parties shall advise the undersigned’s courtroom deputy clerk once

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dates/times for depositions have been determined.

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7. The parties shall further meet and confer concerning the United States’ interrogatories

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regarding the “available to the public” provision of California Government Code

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Section 7284.6(a)(1)(C) and Information Bulletin 2018-DLE-01, with California to

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notify the United States by May 22, 2018, at or before 2:00 p.m. Pacific Time,

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regarding its ability to respond to some or all of the interrogatories. If, after

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exhausting good-faith meet-and-confer efforts, the parties are unable to reach an

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agreement, the parties may request a further telephonic conference with the court.
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8. If the parties anticipate the need of a protective order to facilitate the production of

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documents and deposition testimony, they shall submit an appropriate proposed

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stipulated protective order for the court’s consideration and approval as soon as

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possible.

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9. Any request for expedited discovery beyond the parameters of this order is DENIED.

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IT IS SO ORDERED.

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Dated: May 18, 2018

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