United States of America v. Real Property and Improvements Located at 2366 San Pablo Avenue, Berkeley, California
Filing
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ORDER re 65 Discovery Letter BriefRe Plaintiff's Subpoena to State Board of Equalization filed by Berkeley Patients Group, Inc. Hearing set for 12/9/2013 04:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Signed by Judge Tigar on 12/6/13. (jstlc1, COURT STAFF) (Filed on 12/6/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
Case No. 13-cv-02027-JST
Plaintiff,
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ORDER RE LETTER BRIEF FILED
DECEMBER 6, 2013
v.
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REAL PROPERTY AND
IMPROVEMENTS LOCATED AT 2366
SAN PABLO AVENUE, BERKELEY,
CALIFORNIA,
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United States District Court
Northern District of California
Re: Dkt. No. 65
Defendant.
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The Court is in receipt of the discovery letter brief filed by Claimant Berkeley Patients
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Group (“BPG”) on December 6, 2013, seeking to block production of certain of BPG’s tax
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documents by the California State Board of Equalization pursuant to a subpoena served by the
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United States. BPG contends that the document cannot be produced absent a showing of (1) a
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compelling need for the documents and (2) the absence of any other source for the requested
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information. ECF No. 65 at 2. BPG further contends that the United States cannot make this
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showing. Id.
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BPG attempted to meet and confer with the United States concerning its objections to
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production, so that the parties could file a joint letter brief prior to the production of the
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documents. The documents are scheduled to be produced on Monday, December 9, 2013.
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On December 3, 2013, BPG requested that the Assistant United States Attorney participate
in the drafting of a joint letter so the dispute could be resolved in an orderly fashion. The AUSA
appears to have been unwilling to participate in the drafting of such a letter at any time prior to
December 9, 2013, although that is the date set for production. Accordingly, BPG filed its letter
brief unilaterally. It waited to do so until 4:30 p.m. today, Friday, December 6, 2013.
The Court cannot conduct discovery this way. The United States must participate in the
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orderly, joint resolution of discovery disputes. BPG must bring its disputes to the Court in a way
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that avoids the creation of a false sense of urgency.
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In order to ensure that discovery in this case proceeds in an orderly fashion, the Court now
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schedules this matter for hearing on Monday, December 9, 2013 at 4:00 p.m. in Courtroom 9.
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Lead counsel for BPG and the United States will appear in person. All other counsel are invited to
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participate by telephone.
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In the interim, the Board of Equalization is ordered not to produce the documents sought
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by the subpoena served by the United States on November 8, 2013, until further court order. BPG
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is ordered to serve a copy of this Order on the Board of Equalization and to file a proof of service.
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United States District Court
Northern District of California
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IT IS SO ORDERED.
Dated: December 6, 2013
______________________________________
JON S. TIGAR
United States District Judge
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