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C) ORRICK,HERRINGTON 8 SUTCLIFFE LLP 0 ��YrJfJ7 I� THE ORRICK BUILDING EET SAN FRANCISCO,405 HOWARD CALIFORNIA94105-2669 Q R R I C K JUN 0 8 2009 fax 1-415-773-5700 5 WWW.ORRICK.COM ENVIRONMENT HEALTH PERMIT/SERVICES June 5, 2009 Joshua D.Watts (415)773-5909 jwatts@orrick.com !=MAIL AND U.S.MAIL Jared S. Mueller Porter Scott A Professional Corporation UniversityAve-., Suite 200 Sacramento, CA 95825 gg Ranch,LLC Re: Potential Destruction of Evidence by Olivera E Dear Mr. Mueller: It came to our attention yesterday that your client, Ohvera Egg Ranch,LLC ("Ohvera"), has been cleaning the manure lagoons residing on its egg production facility located at 944 and 952 W. Bowman Road,-French Camp;California 95231 for the past week and is still engaged in the clean up as of today. As.part of this effort, Olivera is physically removirig•the ifnaniue from the lagoons by using a large backhoe and using trucks to transport.the'manure offsite. We understaiid that Olivera is using four to nine men working 12 hours_.a day and employing three large'dumptrucks to constantly dig and dump a mixture of solids and liquids. Moreover,Plaintiffs observed numerous brand new PVC piping on the property, about 12 inches in diameter,which appear like they maybe used to add in a new drainage system or replace an old waste removal system. Ohvera's recent actions are tantamount to destruction of evidence of which it had and continues to have a duty to preserve. Plaintiffs are unaware of such a clean up effort by Olivera in recent time.or that such a practice is a regulafly conducted activity.'Several individualplaintiffs have lived at 'their current addresses,which lie in close proximity to Ohvera's property and the lagoons in question, continuously and for years before Olivera came in during the mid-1990s. Moreover, Ohvera's Manure Management Plan does 1 not describe the removal of manure from the lagoons. See attached Exhibit A. In fact, Mr. Olivera, in a response to the San Joaquin County Environmental Health Department, stated that the facility did not need to remove solids from the lagoons because the solids were dispersed by recirculating pumps and.mechanically dragging a boom across the.ponds. See attached Exhibit A. While Plaintiffs support Olivera's efforts to regularly clean its property,this recent undertaking is suspicious in light of our recent request to enter the property�pursuanf to Federal Rule of Civil'f, Procedure 34 to collect evidence and- erform-scientific=te-sting--oirvarioiis parts of the property, - including the soil, air and manure lagoons.-• N On May 22, 2009, exactly two weeks ago, Plaintiffs sent Olivera'a request to enter this specific' property "for the purposes of inspecting, measuring, surveying, photographing,videotaping, testing 0135 Wesr.260672401.3