Estate of Amilcar Perez Lopez et al v. Suhr et al

Filing 46

ORDER by Judge Haywood S. Gilliam, Jr. Granting 45 Stipulation RE PRODUCTION OF MEDICAL EXAMINER PHOTOGRAPHS. (ndrS, COURT STAFF) (Filed on 1/19/2016)

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DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Deputy
PETER J. KEITH, State Bar #206482
ELIZABETH PEDERSON, State Bar #288184
Deputy City Attorneys
1390 Market Street, 6th Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO (including
SAN FRANCISCO POLICE DEPARTMENT),
GREG SUHR, CRAIG TIFFE, and ERIC REBOLI

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
ESTATE OF AMILCAR PEREZ LOPEZ, by
and through successors in interest, JUAN
PEREZ and MARGARITA LOPEZ PEREZ;
JUAN PEREZ, individually; MARGARITA
LOPEZ PEREZ, individually,

Case No. CV15-01846-HSG
STIPULATION AND ORDER RE
PRODUCTION OF MEDICAL EXAMINER
PHOTOGRAPHS

Plaintiffs,
Trial Date:

Not set.

vs.
CHIEF OF POLICE GREG SUHR; CITY
AND COUNTY OF SAN FRANCISCO; SAN
FRANCISCO POLICE DEPARTMENT;
OFFICER CRAIG TIFFE (Badge No. 1312);
OFFICER ERIC REBOLI (Badge No. 1651),
and DOES 1 to 10,
Defendants.

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STIPULATION

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Pursuant to Federal Rule of Civil Procedure 26(c) the parties have met and conferred and

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stipulate as follows:

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Stipulation re ME photos
CASE NO. CV-15-01846 HSG

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1. California Code of Civil Procedure § 129 limits the copying and dissemination of photos that

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depict any portion of a deceased person’s body taken at a crime scene and during an autopsy

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without prior court authorization, obtained after providing five day’s notice to the San

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Francisco District Attorney’s Office.

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2. The San Francisco City Attorney’s office provided written notice to the District Attorney’s

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Office on January 7, 2016 that the parties to this civil case intended to seek a court order

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authorizing and requiring production by the San Francisco Office of the Chief Medical

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Examiner of the photos of the deceased in this matter, Amilcar Perez-Lopez.

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3. Good cause exists for the Court to issue an order authorizing and requiring the production of

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such photos by the San Francisco Office of the Chief Medical Examiner to the parties in this

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civil action, in that such photos provide information about the scene and the deceased that is

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expected to be relevant to the matters alleged in the pleadings.

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4. The parties therefore jointly request that the Court order that such photos be released by the

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San Francisco Office of the Chief Medical Examiner to the parties to this civil action, marked

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as confidential and subject to the provisions of the protective order previously issued by this

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Court in this matter.

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IT IS SO STIPULATED.

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Dated: January 15, 2016

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DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Deputy
PETER J. KEITH
ELIZABETH PEDERSON
Deputy City Attorneys

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By: /s Peter J. Keith
PETER J. KEITH

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Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO (including
SAN FRANCISCO POLICE DEPARTMENT),
GREG SUHR, CRAIG TIFFE, and ERIC REBOLI

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Stipulation re ME photos
CASE NO. CV-15-01846 HSG

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Dated: January 15, 2016
CASILLAS & ASSOCIATES

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By: /s/ Denisse O. Gastélum
ARNOLDO CASILLAS, ESQ.
DENISSE O. GASTÉLUM, ESQ.

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Attorneys for Plaintiffs

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ESTATE OF AMILCAR PEREZ LOPEZ, by and
through successors in interest, Juan Perez and Margarita
Lopez Perez; JUAN PEREZ, individually;
MARGARITA LOPEZ PEREZ, individually
**Pursuant to Civil L.R. 5-1(i)(3), the electronic
signatory has obtained approval from this signatory.

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ORDER
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GOOD CAUSE APPEARING, IT IS HEREBY ORDERED THAT BASED ON THE ABOVE
ENTERED STIPULATION, the San Francisco Office of the Chief Medical Examiner is authorized
and ordered to release the photographs depicting the deceased Amilcar Perez-Lopez, marked as
confidential and subject to the provisions of the protective order previously issued by this Court.
IT IS SO ORDERED.

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Dated: January 19, 2016

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___________________________________________
THE HONORABLE HAYWOOD S. GILLIAM JR.
UNITED STATES DISTRICT JUDGE

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Stipulation re ME photos
CASE NO. CV-15-01846 HSG

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