Allen, et al v. City of Oakland, et al

Filing 838

ORDER re: Defendants' electronic mail system. Defendants' response due by 10/26/12. Signed by Judge Thelton E. Henderson on 10/18/12. (tehlc3, COURT STAFF) (Filed on 10/18/2012)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 DELPHINE ALLEN, et al., 9 11 For the Northern District of California United States District Court 10 Plaintiffs, v. CITY OF OAKLAND, et al., 12 MASTER CASE FILE NO. C00-4599 TEH ORDER RE: DEFENDANTS’ ELECTRONIC MAIL SYSTEM Defendants. 13 14 On October 13, 2012, the Monitor emailed Chief of Police Howard Jordan with an 15 inquiry from the Court concerning issues relevant to disciplinary recommendations. The 16 Monitor sent a follow-up email to the Chief on October 17, 2012. This afternoon, the Chief 17 explained to the Monitor by telephone that he never received either email and subsequently 18 stated that he searched his email account again and still could not locate the emails. The 19 Chief explained that, to his knowledge, he received all other emails that were sent to him 20 during this timeframe. 21 Given the importance of the issues in this case – especially at this critical juncture, 22 when a motion is before the Court to appoint a receiver due to Defendants’ dysfunction and 23 inability to complete the reforms they agreed to implement nearly ten years ago – IT IS 24 HEREBY ORDERED that Defendants shall investigate the integrity of their electronic mail 25 system to confirm that there are no known current or anticipated issues with incoming or 26 outgoing email traffic. Defendants shall file a response to this order on or before 27 October 26, 2012. If Defendants are unable to verify the integrity of their electronic mail 28 system, or if this situation arises again, then the Court will consider requiring Defendants to 1 develop a system by which receipt of the Monitor’s communications is contemporaneously 2 acknowledged. 3 4 IT IS SO ORDERED. 5 6 Dated: 10/18/12 7 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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