Northern California River Watch v. Oakland Maritime Support Services, Inc. et al
Filing
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ORDER RE PLAINTIFFS MOTION TO COMPEL AND MOTION FOR SANCTIONS (Dkt. Nos. 49 and 52.). Signed by Magistrate Judge Jacqueline Scott Corley on 11/17/2011. (ahm, COURT STAFF) (Filed on 11/17/2011)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California
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NORTHERN CALIFORNIA RIVER
WATCH, et al.
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Plaintiffs
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ORDER RE PLAINTIFF’S MOTION
TO COMPEL AND MOTION FOR
SANCTIONS (Dkt. Nos. 49 and 52.)
v.
OAKLAND MARITIME SUPPORT
SERVICES, INC., et al.,
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Defendants.
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No. C 10-3912 CW (JSC)
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This is a Clean Water Act (“CWA”) lawsuit. Plaintiffs seek to compel Defendants (1)
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to permit three site inspections pursuant to Federal Rule of Civil Procedure 34, and (2) and
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for production of financial information relevant to the penalties sought in this action. After
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carefully considering the parties’ written submissions, and having heard oral argument on
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November 17, 2011, for the reasons stated during oral argument, the Court GRANTS
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Plaintiffs’ motion to compel (Dkt. No. 49) in part and DENIES Plaintiffs’ Motion for
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Sanctions (Dkt. No. 52).
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1.
Plaintiffs, with Defendants’ consent, have already completed one “dry”
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inspection. Defendants are ordered to permit two “wet” inspections not to exceed five hours
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each. As the Complaint is not limited to the vehicle maintenance area, the inspections may
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cover the entire facility and are not limited to the maintenance area.
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2.
Defendants are ordered to comply with Plaintiffs’ request for financial
documents. Such documents are relevant to Plaintiffs’ claim that Defendants should pay a
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penalty for their alleged CWA violation. That the penalty will ultimately be paid to the
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government rather than Plaintiffs does not impact the documents’ relevance. The Court will
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determine an appropriate penalty, if any, based on Plaintiffs’ argument–an argument they
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cannot make if they have not seen the financial information. The Court also declines
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Defendants’ implicit invitation to stay any financial information discovery until after a
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finding of liability. This case is scheduled for a single bench trial in November 2012.
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Moreover, discovery has already been delayed due to Defendants’ previous counsel’s
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unavailability. Plaintiffs shall produce the financial documents within 60 days after the date
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of this Order. The parties should work together to negotiate the terms of a protective order to
United States District Court
For the Northern District of California
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govern this production.
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Plaintiffs’ Motion for Sanctions is denied.
IT IS SO ORDERED.
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Dated: November 17, 2011
JACQUELINE SCOTT CORLEY
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UNITED STATES MAGISTRATE JUDGE
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