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ORRICK,HERRINGTON&SUTCLIFFE LLP <br /> THE ORRICK BUILDING <br /> 0 405 HOWARD STREET <br /> SAN FRANCISCO,CALIFORNIA 94105-2669 <br /> 0 R R I C K HEMET, 10) tel -1-415-773-5700 <br /> fox 1.415-773-5759 <br /> JUN 1 0 2009 WWW.ORRICK.COM <br /> ENVIRONMENT HEALM <br /> PERMIT/SERVICES <br /> June 8,2009 Joshua D.Watts <br /> (415)773.5909 <br /> jwatts@orrick.com <br /> VIA EMAIL AND U.S.MAIL <br /> Jared S. Mueller <br /> Porter Scott <br /> A Professional Corporation <br /> 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 ("Olivera"). Last week it came to <br /> our attention that Olivera 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 Olivera 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 Olivera 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, Olivera 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 Olivera regular course of <br /> operations. <br /> On June 5,2009,Plaintiffs specifically observed Olivera 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 /> OHS West:260673445.1 <br />