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2900 - Site Mitigation Program
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PR0528271
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SITE INFORMATION AND CORRESPONDENCE
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Last modified
5/8/2020 3:09:28 PM
Creation date
5/8/2020 2:45:37 PM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2900 - Site Mitigation Program
File Section
SITE INFORMATION AND CORRESPONDENCE
RECORD_ID
PR0528271
PE
2950
FACILITY_ID
FA0019110
FACILITY_NAME
LIMA RANCH
STREET_NUMBER
13436
Direction
N
STREET_NAME
THORNTON
STREET_TYPE
RD
City
LODI
Zip
95242
APN
05513001
CURRENT_STATUS
01
SITE_LOCATION
13436 N THORNTON RD
P_LOCATION
99
P_DISTRICT
004
QC Status
Approved
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LSauers
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EHD - Public
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Case 2:07-cv-00660-00-EFB Document 50 Filed 00. /2008 Page 4 of 5 <br /> 1 120 F.R.D. 648, 653 (D. Md. 1987)). <br /> 2 Defendants have not made that showing on the present motions. Accordingly,plaintiff's <br /> 3 motion to compel responses to the interrogatories is granted. Defendants shall provide verified <br /> 4 responses to each of the interrogatories, in accordance with Fed. R. Civ. P. 33(b),within ten days <br /> 5 from the date of service of this order. <br /> 6 Many of defendants' objections to the request to inspect the Ranch also hinge on <br /> 7 plaintiff's refusal to agree to a blank confidentiality order. Again, defendants are not entitled to <br /> 8 such an order. Although the parties have resolved many of the disputes regarding the inspection, <br /> 9 two primary issues remain. First, the parties dispute the number of borings plaintiff's team of <br /> 10 experts will be allowed to make. Defendants assert that plaintiff can accomplish his testing with <br /> I I a single boring,but plaintiff has expert has opined that at least seventeen are necessary to gather <br /> 12 the evidence sought by this request. See Declaration of Victor Fisher in Support of Coldani's <br /> 13 Motion("Fisher Decl."),IT 6, 7. Defendants' contrary position is predicated on the theory that a <br /> 14 single boring will reveal the presence or absence of nitrates in the groundwater. However, as set <br /> 15 forth above,plaintiff does not just wish only to establish the presence of nitrates, but also to link <br /> 16 the alleged contamination to Lima Ranch and information about movement and location of <br /> 17 contaminates is needed. More than one boring is required to gather such evidence. See id. <br /> 18 Accordingly, the court grants plaintiff s motion, and orders that he be permitted to make <br /> 19 seventeen borings on defendants' property. The parties shall meet and confer regarding the <br /> 20 location of these borings. <br /> 21 Second, defendants again assert that plaintiff and his team of experts must sign the <br /> 22 proposed confidentiality agreement before entering Lima Ranch. As discussed, defendants are <br /> 23 not entitled to a blanket protective order. Plaintiff and his experts have agreed that they will not <br /> 24 disclose to any third parties any ranching operations they observe that may be construed as <br /> 25 "confidential, proprietary information." In particular,plaintiff and his agents have agreed not to <br /> 26 reveal to third parties the types of antibiotics, supplements, and hormones provided to Lima <br /> 4 <br />
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