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rRECCES ILI IEEV <br /> ORRICK,HERRINGTON&SUTCLIFFE LLP <br /> N IL <br /> THE ORRICK BUILDING <br /> JUNE 1 1 2009 405 HOWARD STREET <br /> p�pq q p p /gp r SAN FRANCISCO,CALIFORNIA 94105.2669 <br /> ® R R i C K E !IRONMEN T a IEt1L6 tel +1.415-773-5700 <br /> PERMIT/SERVICES fax +1-415-773.5759 <br /> f_4®Sl d€ i WWW.ORRICK.COM <br /> June 8,2009 Nicole A. Roth <br /> 415-773-5631 <br /> nroth@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: Conte Destruction of Evidence by Olivera Egg Ranch LLC <br /> Dear Mr. Mueller: <br /> We received your letter, dated today,in response to our June 5`h letter. As of this morning,we had <br /> not received a response to our June 5th letter regarding your removal of waste from the Olivera <br /> lagoon. Because we were concerned with your lack of response and the speed at which you were <br /> hauling away waste in an apparent attempt to destroy evidence,we sent a follow up letter today <br /> before we received your response. We are now taking the opportunity to respond to your letter. <br /> We have gathered evidence of the removal of both solid and liquid waste from Olivera Egg Ranch's <br /> lagoons including video,pictures, and witness statements. None of our agents trespassed on <br /> Olivera's property while gathering this evidence. All of the evidence was gathered from public roads <br /> or Plaintiffs'property. To the extent a police report was filed,it is false. Please provide us with a <br /> copy of the police report. If you do not provide a copy voluntarily,we will send a formal document <br /> request. <br /> Your claim that Olivera is only removing limestone,not manure, from the lagoons is incredible. <br /> Plaintiffs have observed the removal of liquids and solids from the lagoons, for about 12 hours a <br /> day, over the course of more than a week. Defendant has used a backhoe to remove the waste from <br /> the lagoon and put the waste directly into one of three dump trucks. Defendant has not taken any <br /> actions to ensure that only limestone is removed while leaving any other waste substance in the <br /> lagoon. We doubt that limestone can be disaggregated from manure using a backhoe. Moreover,we <br /> do not concede that removal of only limestone from the lagoon would not constitute destruction of <br /> evidence. <br /> We continue to dispute that these actions are in any way routine or part of regular lagoon <br /> maintenance. Many of the Plaintiffs have lived next to 944 and 952 W. Bowman Road, French <br /> Camp, California 95231 for years, some before Olivera Egg Ranch bought the property. None of <br /> them have ever seen such"regular maintenance" occur. <br /> OHS West:260673707.2 <br />