United States of America v. Real Property and Improvements Located at 2366 San Pablo Avenue, Berkeley, California

Filing 66

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)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

UNITED STATES OF AMERICA,

Case No. 13-cv-02027-JST

Plaintiff,
8

ORDER RE LETTER BRIEF FILED
DECEMBER 6, 2013

v.
9

11

REAL PROPERTY AND
IMPROVEMENTS LOCATED AT 2366
SAN PABLO AVENUE, BERKELEY,
CALIFORNIA,

12

United States District Court
Northern District of California

Re: Dkt. No. 65

Defendant.

10

13

The Court is in receipt of the discovery letter brief filed by Claimant Berkeley Patients

14

Group (“BPG”) on December 6, 2013, seeking to block production of certain of BPG’s tax

15

documents by the California State Board of Equalization pursuant to a subpoena served by the

16

United States. BPG contends that the document cannot be produced absent a showing of (1) a

17

compelling need for the documents and (2) the absence of any other source for the requested

18

information. ECF No. 65 at 2. BPG further contends that the United States cannot make this

19

showing. Id.

20

BPG attempted to meet and confer with the United States concerning its objections to

21

production, so that the parties could file a joint letter brief prior to the production of the

22

documents. The documents are scheduled to be produced on Monday, December 9, 2013.

23
24
25
26
27
28

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

1

orderly, joint resolution of discovery disputes. BPG must bring its disputes to the Court in a way

2

that avoids the creation of a false sense of urgency.

3

In order to ensure that discovery in this case proceeds in an orderly fashion, the Court now

4

schedules this matter for hearing on Monday, December 9, 2013 at 4:00 p.m. in Courtroom 9.

5

Lead counsel for BPG and the United States will appear in person. All other counsel are invited to

6

participate by telephone.

7

In the interim, the Board of Equalization is ordered not to produce the documents sought

8

by the subpoena served by the United States on November 8, 2013, until further court order. BPG

9

is ordered to serve a copy of this Order on the Board of Equalization and to file a proof of service.

10

United States District Court
Northern District of California

11
12
13

IT IS SO ORDERED.
Dated: December 6, 2013
______________________________________
JON S. TIGAR
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2