Harper v. Lugbauer et al

Filing 236

ORDER granting two week extension requested in 233 Letter filed by The City and County of San Francisco. Signed by Magistrate Judge Nandor J. Vadas on November 8, 2013. (njvlc2, COURT STAFF) (Filed on 11/8/2013)

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CITY AND COUNTY OF SAN FRANCISCO ICT
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OFFICE OF THE CITY ATTORNEY

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J. Vadas

ELIZABETH PEDERSON
Deputy City Attorney
Direct Dial:
Email:

[phone]
[e-mail]

November 7, 2013

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andor
Judge N

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City Attorney

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DENNIS J. HERRERA

Re:

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Magistrate Judge Nandor J. Vadas
& ORDER GRANTING TWO WEEK EXTENSION
ER
Eureka Courthouse
C
F AS REQUESTED IN PARAGRAPH 6.
514 H Street, 205A, 2nd floor N D
IS T RIC T O
Eureka, CA 95501
DATED: November 8, 2013
Gail Harper v. Ryan Lugbauer, et al.
USDC Case No: C11-1306 JST (NJV)

Dear Judge Vadas:
I write in compliance with your October 17, 2013 Order (Dkt. No. 228), which requested
that the City search for certain documents in response to Plaintiff's Motion to Compel (Dkt. No.
179).
1.
The City conducted a diligent search for "two reports [that] appeared to be
missing from the City’s production (dated 7/7/2007 and 5/12/2012)" (Dkt. No. 228 at 2). The
City had already produced a police incident report dated 5/12/2012 in its initial document
production to Plaintiff. After searching for an incident report dated 7/7/2007, the City located a
police incident report that was dated 10/16/07 but concerned a 7/7/2007 incident. This report has
been produced to Plaintiff.
2.
The City conducted a diligent search for "any complaints [that] have been made
about, or disciplinary actions taken against, Tennenbaum for preventing persons from filing
complaints of any kind" (Dkt. No. 228 at 3). No such complaints or disciplinary actions were
discovered.
3.
The City conducted a diligent search for "documents relating to policies and
procedures regarding investigation and reporting of sexual assault at the time Plaintiff reported
the incident (2006)" (Dkt. No. 228 at 3) and identified General Order 6.16, which was already
produced to Plaintiff. The copy produced to Plaintiff was revised August 6, 2008. The City
therefore produced to Plaintiff the earlier version of General Order 6.16, which was in effect in
2006.
4.
The City conducted a diligent search for "documents relating to any
audit/independent review of the investigation and reporting of sexual assaults (RFPD 24)
conducted in the years 2005-2007" (Dkt. No. 228 at 3-4). No such documents were discovered.

FOX PLAZA · 1390 MARKET STREET, SEVENTH FLOOR · SAN FRANCISCO, CALIFORNIA 94102-5408
RECEPTION: [phone] · FACSIMILE: [phone]
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CITY AND COUNTY OF SAN FRANCISCO

OFFICE OF THE CITY ATTORNEY

Letter to Judge Vadas
Page 2
November 7, 2013
5.
The City conducted a diligent search for a document that "defines the term
'unfounded' as it was used in the context of sexual assault complaints in 2006" (Dkt. No. 228 at
4) and produced to Plaintiff the Uniform Crime Reporting Handbook section that defines this
term.
6.
The City is conducting a diligent search into any "complaints made about SFPD
officers relating to their failure to properly investigate reports of sexual assaults between 2005
and 2007, and any disciplinary actions taken against SFPD officers relating to their failure to
properly investigate reports of sexual assaults between 2005 and 2007" (Dkt. No. 228 at 4). The
City requests an additional two weeks to respond to this item as efforts to locate such records, if
they exist, are still ongoing. Good cause exists for additional time in that all complaints in this
time frame that are broadly classified must be individually reviewed to determine whether they
pertain to sexual assault reports.
7.
The City conducted a diligent search for "incident reports . . . for the period 2005
to 2007 . . . [against Ryan Lugbauer for] sexual assault or stalking" (Dkt. No. 228 at 4). Other
than the incident reports filed by Plaintiff, which were already produced to her, no additional
reports were found.
Very truly yours,
DENNIS J. HERRERA
City Attorney
/s/ Elizabeth Pederson
ELIZABETH PEDERSON
Deputy City Attorney

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