United States of America Ex Rel. et al v. Maxxam, Inc. et al

Filing 92

DISCOVERY ORDER re 90 Letter filed by Maxxam, Inc., Charles E. Hurwitz, 67 Joint Case Management Statement filed by Scotia Pacific Company, LLC, Salmon Creek LLC, United States of America Ex Rel., Chris Maranto, Richard Wilson, Maxxam, Inc., Char les E. Hurwitz, The Pacific Lumber Corporation, 83 Letter filed by United States of America Ex Rel., Chris Maranto, Richard Wilson, 87 Order of Recusal, 82 Letter filed by United States of America Ex Rel., Chris Maranto, Richard Wilson, 86 Case Management Statement, filed by United States of America Ex Rel., Chris Maranto, Richard Wilson. Signed by Judge Joseph C. Spero on 9/8/08. (fj, COURT STAFF) (Filed on 9/8/2008)

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1 2 3 4 5 6 7 8 9 10 UNITED STATES OF AMERICA EX REL. ET AL Plaintiff(s), v. MAXXAM, INC. ET AL Defendant(s). ___________________________________/ No. C-06-07497 DISCOVERY ORDER [Docket Nos. 67, 82, 83, 86, 87 and 90] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Court held a discovery hearing on September 5, 2008. Philip Gregory, Joe Wilson and Shawn Ponist appeared telephonically on behalf on Plaintiff; Christopher Carr and Andrew Muhlbach appeared on behalf of Defendants Maxxam and Hurwitz; also appearing telephonically was John Williams, principal of Environmental Resource Solutions, Inc. For the reasons stated on the record and good cause appearing it is hereby ordered as follows: 1. [Docket number 90] The application for stay of discovery is denied without prejudice to raising the issue before the District Judge. 2. [Docket number 82] The application for reconsideration of Judge Larson's August 20, 2008 order is denied. 3. [Docket number 86] The application for an order compelling production of documents by Pacific Watershed Associates is denied as moot. 1 2 3 4 5 6 7 8 9 10 4. [Docket number 87] The application for an order compelling production of documents by Environmental Resource Solutions is granted. The documents shall be produced on or before October 6, 2008. 5. [Docket numbers 67 and 83] The application for an order compelling Maxxam to produce documents in response to all outstanding document requests is granted in part and denied in part. All documents being produced in response to the currently outstanding document requests shall be produced on a rolling basis with the first production occurring the week of September 8, 2008. All documents being produced in response to the currently outstanding document requests shall be produced not later than October 6, 2008. Maxxam is not obliged to produce documents on behalf of the Debtor Defendants. Maxxam shall provide supplemental substantive responses to all interrogatories contained in the first set of interrogatories by plaintiffs to Maxxam not later than September 12, 2008. Plaintiffs' request to have matters deemed admitted based on the Maxxam's alleged bad-faith responses to requests for admissions is denied. United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: September 8, 2008 JOSEPH C. SPERO United States Magistrate Judge 2

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