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1 <br /> PORTER SCOTT <br /> ATTORNEYS <br /> June 8, 2009 <br /> Joshua D. Watts <br /> Orrick, Herrington& Sutcliffe LLP <br /> 3 50 University Avenue <br /> The Orrick Building <br /> Suite 200 <br /> 405 Howard Street Sacramento,,-A 95825 <br /> San Francisco, CA 94105-2669 TEL:916.929.1481 <br /> FAX:916.927.3706 <br /> Re: Avila v. Olivera Egg Ranch, LLC <br /> United States District Court,Eastern District Case No.2:08-cv-02488 WWW.Porterscott.com <br /> Dear Mr, Watts: <br /> This letter is in response to your June 5, 2009 letter regarding your suspicions <br /> about the potential destruction of evidence. Your suspicions have been discussed <br /> with Mr. Olivera. The undertaking that you reference in your letter is merely a <br /> maintenance effort to dredge the limestone and sludge from the bottom of the <br /> lagoon. This temporary operation concludes today. It must be understood that, <br /> had Mr.Olivera discovered a means of disposing of manure that is more effective <br /> than the use of lagoons, this litigation would not be necessary. Indeed, Olivera <br /> Egg Ranch continues to require the use of the lagoons to dispose of a substantial <br /> amount of chicken manure. Thus, there has been and will continue to be <br /> significant quantities of manure throughout the course of this case. <br /> Despite your clients' suspicions, this is a regular and necessary activity for the <br /> operation of a manure lagoon. Limestone is an essential ingredient in chicken <br /> feed that helps create egg shells. However,not all of the limestone is used by the <br /> chickens and it passes into the manure. As it is a rock,this remaining limestone <br /> must eventually be removed from the bottom of the lagoon. Additionally,sludge <br /> is a by-product from the breakdown of manure in the lagoon and must also be <br /> removed as it builds up over time. The removal of these solids from the lagoons <br /> would not be discussed in the Manure Management Plan, as these solids are not <br /> manure. Moreover,these solids have not left the facility and are currently being <br /> spread out to dry. In short, Olivera Egg Ranch has and will continue to operate <br /> its business in a responsible manner to conform to accepted agricultural standards. <br /> To do so does not amount to the destruction of evidence. <br /> 00689795.WPD <br />