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0 <br /> O R R I C K <br /> Jared S. Mueller <br /> June 5, 2009 <br /> Page 2 <br /> or sampling the property itself, the air, the egg laying operation thereon and specific tangible things <br /> and areas of the property." Plaintiffs specifically notified Olivera that the contours of the inspection i <br /> included (1) the lagoons, (2) any equipment used to remove solid waste from the lagoons, (3) any <br /> equipment,pipelines, or drains used to transport waste, and (4) any air located on the property. <br /> Additionally, on May 29, 2009, Plaintiffs served on Olivera a request for production of documents, <br /> which included among other things, "[a]ll documents and communications that evidence, reflect, or <br /> contravene Olivera's efforts or labors to clean up Olivera's property,including its facfties and <br /> lagoons." Thus,Plaintiffs discovery requests put Olivera on notice not only that the subject of its <br /> current clean up, namely the lagoons,was and remains relevant to Plaintiffs causes of action, but <br /> also that Plaintiff planned to conduct scientific testing of those lagoons in order to prove its causes <br /> of action—a course of action that now seems impossible. <br /> Please let us know immediately what actions Olivera has taken to preserve the physical evidence, <br /> through scientific testing or other means, that Plaintiffs have already notified Olivera it intends to <br /> inspect. <br /> 9ocry truly yours, <br /> shua D. Watts <br /> I <br /> Attachments: <br /> Exhibit A: Olivera's Manure Management Plan including correspondence with San Joaquin <br /> County Environmental Health Department. <br /> cc: Russ J. Wunderli <br /> Peter Brandt <br /> Jessica Culpepper <br /> Nicole Roth <br /> Hilarie Link <br /> Angela Padilla <br /> San Joaquin County,Public Health Services, Environmental Health Division (VIA U.S. <br /> MAIL ONLY) <br /> OHS West:260672401.3 <br />