Mcintosh v. Holder et al

Filing 65

ORDER granting 64 Ex Parte Application Petitioner's Motion for Order on Date of Discovery filed by Ronald J. Mcintosh. Discovery due by 2/17/2014.. Signed by Judge Charles R. Breyer on 1/29/2014. (beS, COURT STAFF) (Filed on 1/30/2014)

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1 2 3 4 5 6 BOERSCH SHAPIRO LLP David W. Shapiro (CA Bar No. 219265) 235 Montgomery Street, Suite 835 San Francisco, CA 94104 Telephone: (415) 500-6640 Attorney for Petitioner RONALD J. MCINTOSH UNITED STATES DISTRICT COURT 7 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 11 12 13 14 Case No.: 3:09-cv-00750 CRB RONALD J. MCINTOSH, Petitioner, PETITIONER’S MOTION SETTING DATE FOR DISCOVERY FROM DEFENDANTS AND ORDER v. ERIC H. HOLDER, Attorney General, and ATTORNEY GENERAL FOR THE STATE OF CALIFORNIA, 15 Respondents. 16 17 18 19 Petitioner Ronald J. McIntosh hereby moves the Court for an order setting February 17, 2014 as the date on which discovery in this case must be produced: 1. On December 20, 2014, the Court granted McIntosh’s motion for discovery. The 20 defendants have been represented throughout the course of proceedings by the Assistant 21 Attorney General Pamela Critchfield. 22 2. On December 30, 2014, after receiving no communications from the State (and after 23 the State’s attorney insisted that McIntosh was required to issue subpoenas to other offices in 24 order to obtain discovery), McIntosh requested that the Court enter a detailed order describing 25 the items to be produced by the federal and state governments. 26 3. On January 7, 2014, the Court entered a detailed order for discovery. 27 4. On January 7, 2014, after being advised by AAG Critchfield that she had not 28 contacted the federal government, McIntosh notified the Chief of the Criminal Division of the 1 PETITIONER’S MOTION SETTING DATE FOR DISCOVERY FROM DEFENDANTS AND ORDER 3:09-CV-00750 CRB 1 United States Attorney’s Office that the Court ordered discovery by the federal government. 2 That notification was forwarded by the Criminal Chief to the Deputy Chief of the Strike Force, 3 AUSA Wilson Leung. 4 5. On January 16, 2014, McIntosh forwarded a copy of the Court’s detailed discovery 5 order to AUSA Leung, the Deputy Chief of the Strike Force, and to Pamela Critchfield, the 6 Assistant Attorney General who has represented the defendants in this case since its inception. 7 6. On or about January 16, 2014, McIntosh’s counsel spoke to AUSA Leung, provided 8 the background of the discovery motion, and discussed the steps AUSA Leung would take to 9 obtain the information ordered to be disclosed. AUSA Leung advised McIntosh that Ms. 10 Critchfield had not contacted the federal government about discovery (despite that fact that she is 11 listed as counsel for AG Holder on this Court’s and the Ninth Circuit’s docket). 12 13 14 15 7. On January 23, 2014, McIntosh asked both Ms. Critchfield and Mr. Leung for the status of their responses to the discovery order. Neither has responded. 8. McIntosh requests that the Court order the state and federal governments to comply with the discovery order on or before February 17, 2014. 16 17 Dated: January 27, 2014 BOERSCH SHAPIRO LLP 18 19 /s/ David W. Shapiro David W. Shapiro Counsel for Petitioner RONALD J. MCINTOSH 20 21 IT IS SO ORDERED: S UNIT ED 25 26 27 RT ER H 28 FO NO R NIA ___________________________________ DERED SO OR HONORABLE CHARLES R. BREYER IT IS United States District Judge . Breyer harles R Judge C Dated: January 29, 2014 LI 24 RT U O 23 S DISTRICT TE C TA 2 A 22 C OF D I S TMOTION SETTING DATE FOR PETITIONER’S R I C T N DISCOVERY FROM DEFENDANTS AND ORDER 3:09-CV-00750 CRB

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