United States of America v. The Jankovich Company et al
Filing
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ORDER RE: PRODUCTION OF TEST RESULTS re Motion for Review of Magistrate Judge Olguins Order Re: Discovery Motion 134 .As discussed in Magistrate Judge Olguins Order (Dkt. No. 128), Plaintiff seeks oil samples and information related to oil samples f rom Jankovich. Both parties are ordered to produce all objective laboratory data regarding oil samples. Any such information shallbe produced in both hard copy and electronic format by September 9,2011 by Judge Dean D. Pregerson. (lc) Modified on 9/1/2011 (lc).
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
THE JANKOVICH COMPANY and
LLOYD'S SYNDICATE 1607, in
personam,
Defendant.
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Case No. CV 10-02161 DDP (FMOx)
ORDER RE: PRODUCTION OF TEST
RESULTS
[Motion filed on 7/29/11]
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This matter comes before the court on Defendant The Jankovich
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Company (“Jankovich”)’s Motion for Review of Magistrate Judge
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Olguin’s Order Re: Discovery Motion (Dkt. No. 134).
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in Magistrate Judge Olguin’s Order (Dkt. No. 128), Plaintiff seeks
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oil samples and information related to oil samples from Jankovich.
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As discussed
As an initial matter, the court notes that Magistrate Judge
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Olguin did not clearly err in his factual findings.
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regarding attorney-client privilege and the work-product doctrine
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are reviewed de novo.
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564 (9th Cir. 2011); Anderson v. McKesson HBOC, Inc., 2005 WL
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934331 at *3 (N.D. Cal. 2005).
Questions
United States v. Richey, 623 F.3d 559, 563-
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Here, the parties clarified, as reflected on the record, that
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much of the discovery sought is objective laboratory data resulting
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from analysis of oil samples.
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samples have since been destroyed, and are no longer available for
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testing.
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substantial need for the objective data that has been already been
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gathered.
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laboratory results, neither party requires information related to
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the opposing party’s interpretation of scientific data.
Many, if not all, of those oil
Under these exceptional circumstances, the parties have a
Because each party is able to independently analyze
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Furthermore, the court’s preference for resolution of disputes on
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the merits weighs in favor of production of the objective data,
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which will not prejudice either party.
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Accordingly, both parties are ordered to produce all objective
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laboratory data regarding oil samples.
Any such information shall
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be produced in both hard copy and electronic format by September 9,
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2011.
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IT IS SO ORDERED.
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Dated: September 1, 2011
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DEAN D. PREGERSON
United States District Judge
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