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ORRICK,HERRINGTON 6 SUTCLIFFE ur <br /> THE ORRICK BUILDING <br /> HEMP <br /> 405 HOWARD STREET <br /> O R R I C K ��� SAN FRANCISCD,CALIFORNIA 94105.2664 <br /> tet -1-415.773.5700 <br /> fax +1-415.773.5759 <br /> JUn�{p�I,4 0 2009 WWW•ORRICK.COM <br /> ENVIROVENT HEALTH <br /> PERMIT/SERVICES <br /> .June 8, 2009 Joshua D. Watts <br /> (415)773.5909 <br /> jwattsf3orrick.com <br /> VIA EMAIL AND U,S.MAIL <br /> Jared S. Mueller <br /> Porter Scott <br /> A Professional Corporation <br /> ry 350 University Ave.,Suite 200 <br /> Sacramento, CA 95825 <br /> Re: Continuing Destruction of Evidence by Oliver Egg Ranch LLC <br /> Dear Mr. Mueller: <br /> This letter serves as a follow-up to Plaintiffs' letter dated June 5, 2009 regarding the potential <br /> destruction of evidence by Defendant Olivera Egg Ranch,LLC ('Ohvera"). Last ween it came to <br /> our attention that Ohvera has been cleaning the manure lagoons residing on its egg production <br /> facility located at 944 and 952 W. Bowman Road, French Camp, California 95231 for the past week <br /> or so. Upon learning of this information,we immediately emailed you the June 5th letter expressing <br /> our concern over Olivera's actions in light of our preceding discovery requests related to the status <br /> and maintenance of the-manure lagoons located on the property,including Plaintiffs'request for <br /> entry and inspection of the lagoons and surrounding air and soil. We also requested that Olivera <br /> inform us immediately of the steps taken to preserve the physical evidence, through scientific testing <br /> or other means, of the areas on its property that Plaintiffs have already notified Ohvera it intends to <br /> inspect. <br /> Once the complaint in this action was served on Olivera-on January 27,-2009, Olivera.was_on_notice <br /> that the manure lagoons and surrounding areas were going to be relevant to, and indeed, the focus <br /> of this litigation and consequently that Olivers was under a duty to preserve such evidence. Olivera <br /> was again notified of the relevance of these specific areas of its property due to the discovery <br /> requests for production of documents and for entry and inspection served on Olivera on May 22 <br /> and 29, 2009,respectively. Despite this notice and Olivera's ongoing duty to preserve relevant <br /> evidence, Ohvera has embarked on a massive clean-up effort which is not outlined in its Manure <br /> Management Plan on file with the San Joaquin County or a part of Olives regular course of <br /> operations. <br /> On June 5, 2009,Plaintiffs specifically observed Ohvera workers using a large backhoe to stir up <br /> manure in the lagoons and to constantly dig and dump a mixture of solids and liquids by employing <br /> three large dump trucks which were also used to transport the manure offsite. Olivera was observed <br /> filling up a truck full of manure at a rate of five minutes per truck. Even if service of the complaint <br /> 01-IS West260673445.1 <br />