Plata et al v. Schwarzenegger et al

Filing 1546

ORDER re: Receiver's Construction Oversight Advisory Board and Rehabilitation Services Advisory Council. Signed by Judge Thelton E. Henderson on 10/07/08. (tehlc3, COURT STAFF) (Filed on 10/7/2008)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

MARCIANO PLATA, et al., Plaintiffs, NO. C01-1351 TEH ORDER RE: RECEIVER'S CONSTRUCTION OVERSIGHT ADVISORY BOARD AND REHABILITATION SERVICES ADVISORY COUNCIL

ARNOLD SCHWARZENEGGER, et al., Defendants.

United States District Court

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For the Northern District of California

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The Receiver has appointed a Construction Oversight Advisory Board ("COAB") and

13 will soon appoint a Rehabilitation Services Advisory Council ("RSAC"). Both of these 14 bodies consist of experts in their respective areas, all of whom will serve on a voluntary 15 basis, who will assist the Receiver in evaluating various aspects of the remedial plan in this 16 case. 17 This order makes clear that, like the Receiver and his staff, members of the COAB

18 and RSAC shall "have the status of officers and agents of this Court, and as such shall be 19 vested with the same immunities as vest with this Court." Feb. 14, 2006 Order Appointing 20 Receiver at 6. As with the Court's Advisory Board, these immunities extend to protect 21 members of the COAB and RSAC from discovery requests, including any requests to 22 produce documents they obtain from the Receiver or this Court. See Aug. 7, 2008 Order re: 23 Advisory Board's Access to Docs. at 2. 24 In addition, communications between members of the COAB, RSAC, the Receiver,

25 the Advisory Board, and/or the Court concerning their duties as members of their respective 26 bodies shall be confidential and privileged. However, if a COAB or RSAC member believes 27 that he or she is required to disclose any confidential information as a result of other 28 professional responsibilities, then that board member shall discuss the particular

1 circumstances with the Receiver. The Receiver will then raise the issue with the Court, 2 which will decide whether a waiver of confidentiality is appropriate under the circumstances. 3 4 IT IS SO ORDERED. 5 6 Dated: 10/07/08 7 8 9 10 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

United States District Court

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For the Northern District of California

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