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0 R R I C K <br /> Jared S. Mueller <br /> June 8, 2009 <br /> Page 2 <br /> and discovery requests did not put Olivera on notice of his duty to preserve relevant evidence, such <br /> notice was provided by Plaintiffs letter dated June 5, 2009. Despite our letter,however, on June 6 <br /> and 8, 2009,Plaintiffs observed the work on Olivera's property to continue in the same manner it <br /> had the previous week. Olivera employs the same machinery and continues to stir-up and remove <br /> the manure from the lagoons at the same rate. As a result of this work, the overall level of manure <br /> residing in the lagoons,and hence testable material for our experts to inspect,has significantly <br /> decreased. <br /> Although,perhaps the most troubling fact of all is that we have received no response from you <br /> regarding your client's activities. We can only infer from your lack of response that Olivera's goal in <br /> its course of action is the destruction or spoliation of evidence relevant to this action (as well as your <br /> complacency thereto),which may expose Olivera to additional liability. <br /> Once again,we request that Olivera inform us no later than Tuesday June 9, 2009 at 5:00 p.m. of the <br /> steps taken to preserve the physical evidence,through scientific testing or other means, of the areas <br /> on its property that Plaintiffs have already notified Olivera it intends to inspect. <br /> Very truly yours, _ <br /> goshta D. Watts <br /> cc: Russ J. Wunderli <br /> Nicole Roth <br /> Hilarie Link <br /> Angela Padilla <br /> Jessica Culpepper <br /> Peter Brandt <br /> San Joaquin County,Public Health Services, Environmental Health Division (VIA U.S. <br /> MAIL ONLY) <br /> OHS West:260673445.1 <br />