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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BOERSCH SHAPIRO LLP
David W. Shapiro (CA Bar No. 219265)
[e-mail]
235 Montgomery Street, Suite 835
San Francisco, CA 94104
Telephone: [phone]
Attorney for Petitioner
RONALD J. MCINTOSH
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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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,

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Respondents.
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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

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defendants have been represented throughout the course of proceedings by the Assistant

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Attorney General Pamela Critchfield.

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2.

On December 30, 2014, after receiving no communications from the State (and after

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the State’s attorney insisted that McIntosh was required to issue subpoenas to other offices in

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order to obtain discovery), McIntosh requested that the Court enter a detailed order describing

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the items to be produced by the federal and state governments.

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3.

On January 7, 2014, the Court entered a detailed order for discovery.

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4.

On January 7, 2014, after being advised by AAG Critchfield that she had not

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contacted the federal government, McIntosh notified the Chief of the Criminal Division of the
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PETITIONER’S MOTION SETTING DATE FOR
DISCOVERY FROM DEFENDANTS AND ORDER
3:09-CV-00750 CRB

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United States Attorney’s Office that the Court ordered discovery by the federal government.

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That notification was forwarded by the Criminal Chief to the Deputy Chief of the Strike Force,

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AUSA Wilson Leung.

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5.

On January 16, 2014, McIntosh forwarded a copy of the Court’s detailed discovery

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order to AUSA Leung, the Deputy Chief of the Strike Force, and to Pamela Critchfield, the

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Assistant Attorney General who has represented the defendants in this case since its inception.

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6.

On or about January 16, 2014, McIntosh’s counsel spoke to AUSA Leung, provided

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the background of the discovery motion, and discussed the steps AUSA Leung would take to

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obtain the information ordered to be disclosed. AUSA Leung advised McIntosh that Ms.

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Critchfield had not contacted the federal government about discovery (despite that fact that she is

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listed as counsel for AG Holder on this Court’s and the Ninth Circuit’s docket).

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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.
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McIntosh requests that the Court order the state and federal governments to comply

with the discovery order on or before February 17, 2014.

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Dated: January 27, 2014

BOERSCH SHAPIRO LLP

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/s/ David W. Shapiro
David W. Shapiro
Counsel for Petitioner
RONALD J. MCINTOSH

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IT IS SO ORDERED:

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UNIT
ED

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___________________________________
DERED
SO OR
HONORABLE CHARLES R. BREYER
IT IS
United States District Judge
. Breyer
harles R
Judge C

Dated: January 29, 2014

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C
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D I S TMOTION SETTING DATE FOR
PETITIONER’S R I C T
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DISCOVERY FROM DEFENDANTS AND ORDER
3:09-CV-00750 CRB