Opinion
Kevin G. Little, Esq., Fresno, CA, Darrell J. York, Esq., Sarah L. Garvey, Esq., Law Offices of York & Garvey, Los Angeles, CA, Attorneys for Plaintiff ERIC GREEN.
Arthur B. Mark III, ATTORNEY GENERAL OF CALIFORNIA, Attorneys for Defendants Delgado, Ramirez & Gonzales.
Thomas P. Feher, LAW OFFICES OF LEBEAU THELEN, LLP, Attorneys for Defendant Ortega.
STIPULATION AND ORDER: RE DISCOVERY ISSUES RELATED TO SUBPOENA SERVED ON CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION AND RELATED SITE VISIT TO CALIFORNIA CORRECTIONAL INSTITUTION - TEHACHAPION JUNE 11, 2015 (Doc. 55)
JENNIFER L. THURSTON, Magistrate Judge.
TO THE HONORABLE COURT:
The undersigned parties, through their counsel of record, hereby enter into the following stipulation:
WHEREAS plaintiff caused a subpoena to be served on the California Department of Corrections and Rehabilitation on or about May 29, 2015; and
WHEREAS this subpoena requests, inter alia, a site visit to CCI-Tehachapi, specifically stating as follows:
Eric W. Green's attorneys and consultants request permission to view, inspect, measure and photograph the locations at CCI-Tehachapi where Eric Green was between 7:30 a.m. and 9:30 a.m. on April 14, 2013. Counsel are informed and believe the pertinent areas would include: (a) the medical holding area; (b) the hallways and rotunda through which Green was escorted when being taken toward 8B-105; (c) the location where force was used on Green, including any baton strikes; (d) housing unit 8B; and (e) the medical clinic area;
and
WHEREAS the efficient administration of justice and the protection of the legal interests of all concerned dictate that an advance agreement as to the conditions of the site visit needs be made; and
WHEREAS the current June 12, 2015 deadline for filing discovery motions would not, as a practical matter, permit the parties to raise any issues pertaining to this site visit with the Court,
THE PARTIES HEREBY STIPULATE AS FOLLOWS:
1. The site inspection will be limited to areas outlined in the above subpoena request.
2. Anyone participating in the site visit on plaintiff's behalf must clear a background check, and will have to submit a completed CDCR 106 Form for approval at least two days before the scheduled site visit.
3. Anyone participating in the site visit on plaintiff's behalf will not take cell phones, cameras, tape recorders or other recording or electronic media onto the prison grounds.
4. Anyone participating in the site visit on plaintiff's behalf will remain in a group accompanied by an Investigative Services officer, who will have a digital camera and will take photographs as requested by plaintiff's representatives, so long as the photographs would depict locations or objects within the areas described in the subpoena.
5. The photographs will be reviewed by the CCI-Tehachapi Warden prior to their release to plaintiff's representatives.
6. Any photographs deemed unsuitable for release to plaintiff's representatives by the Warden will be retained, and, if required, produced to the Court for its in camera review.
7. The parties will have fourteen (14) days from the date they are notified of the non-release of any of the subject photographs to file any appropriate motions for relief with the Court.
8. Counsel for all parties will receive a copy of any photographs released.
IT IS SO ORDERED.