Roe et al v. Estate of Thomas White et al

Filing 1043

ORDER vacating the hearing on defendant's motion. Signed by Judge Charles R. Breyer on 11/15/2011. (beS, COURT STAFF) (Filed on 11/17/2011)

Case3:03-cv-04035-CRB Document1041

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JAMES M. WAGSTAFFE (95535)
[e-mail]
MARIA RADWICK (253780)
[e-mail]
KERR & WAGSTAFFE LLP
100 Spear Street, Suite 1800
San Francisco, CA 94105–1528
Telephone: [phone]
Fax: [phone]
Guardian Ad Litem for
JOSE ROE I, JOSE ROE II, JOSE ROE III, AND JOSE
ROE IV

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JOSE ROE, et al.,

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Filed11/10/11 Page1 of 3

Plaintiffs,
v.
THOMAS F. WHITE, et al.,

Case No. C 03-04035 CRB
[PROPOSED] ORDER RE
DEFENDANT’S MOTIONS TO
VACATE JUDGMENT, FOR
DISCOVERY AND TO STAY
PAYMENTS

Defendants.

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C 03-04035 CRB

[PROPOSED] ORDER

Case3:03-cv-04035-CRB Document1041

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Defendant’s Motion for Order Authorizing Post-Judgment Discovery and Motion to Stay

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Payments on Judgment Pending Ruling on Motions for Discovery and to Vacate Judgment came

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before the Court on October 14, 2011. Having reviewed the papers submitted in connection with

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the motions and considered the arguments of counsel, the Court hereby grants the following

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limited discovery and refers this discovery matter to Magistrate Judge Nathanael Cousins for the

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limited purposes specified below.

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1.

Defendant, at his expense, may retain a forensic specialist and arrange through the

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appropriate legal means for that specialist to search the contents of the two

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computers belonging to Plaintiffs’ former counsel, David Replogle, that were

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seized by the Palm Springs Police Department in conjunction with a special

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master appointed by the court. Defendant’s counsel shall give advance notice to

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Ms. Nanci Clarence and to Mr. Replogle and his counsel of this process and

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order.

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2.

The search shall be targeted to identify documents that Replogle received directly

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or indirectly that were (1) prepared by or for Defendant Thomas White,

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Defendant’s counsel and/or investigator(s), (2) belonging to Defendant White,

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Defendant’s counsel and/or investigator(s), and (3) documents and emails

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reflecting communications by Defendant, Defendant’s counsel and/or

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investigator(s). Defendant’s counsel shall include all of his attorneys, whether or

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not representing him as a party in civil and criminal cases and extradition matters.

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3.

Defendant, at his expense, shall arrange for the documents identified as

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responsive to the search to be designated as CONFIDENTIAL pursuant to the

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Stipulated Protective Order in this case, and for copies of the documents first to

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be provided to Magistrate Judge Cousins, Plaintiffs’ counsel, and the Guardian

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Ad Litem.

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4.

Plaintiffs’ counsel and the Guardian Ad Litem shall preliminarily review the

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documents and notify Defendant’s counsel if they object to the disclosure to

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Defendant’s counsel of any documents and the basis for that objection. Any

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C 03-04035 CRB

[PROPOSED] ORDER

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objection(s) shall be communicated to Defendant’s counsel within twenty

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calendar days or such further time as agreed by the parties or ordered by the

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Court. If a dispute arises with respect to any such objection, Defendant shall file

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a motion in this Court to resolve the dispute.

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5.

After the completion of this preliminary review by Plaintiffs’ counsel and the

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Guardian Ad Litem, they will provide to Defendant’s counsel for his review a

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copy of the documents not objected to and those for which the Court has

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overruled an objection and ordered production.

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6.

At the request of Defendant, after conclusion of the discovery of Replogle’s

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computers, the Court will address whether to grant discovery of the paper files

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related to matters Replogle handled as an attorney against Defendant that are

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currently in the possession of the California State Bar.

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Defendant’s Motion to Stay Payments on Judgment Pending Ruling on Motions for

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Discovery and to Vacate Judgment is DENIED without prejudice. The Court further VACATES

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the hearing on Defendant’s Motion to Vacate Orders, Settlement Agreement and Judgment,

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without prejudice to Defendant’s right to renotice the motion after the discovery is completed.

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IT IS SO ORDERED.

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November 15, 2011
Dated: ____________________

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Judge C

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R NIA

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE
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UNIT
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C 03-04035 CRB

[PROPOSED] ORDER