IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 5, 2008
IN THE MATTER OF THE SEARCH OF NUESTRO ROAD YUBA CITY, CA
The opinion of the court was delivered by: Judge: Hon. Mag. Judge G.G. Hollows
STIPULATION REGARDING (and other locations) ) DOCUMENT REVIEW; ORDER
Plaintiff United States of America, by and through its counsel, and Dr. Arjinderpal Sekhon, by and through his counsel, hereby stipulate as follows:
1. On June 5, 2008, the Court ordered defense counsel to conduct a review of potentially attorney-client privileged documents for this matter prior to June 30, 2008, and to present Government taint counsel with a privilege log related thereto. The Court also ordered Government taint counsel to conduct its review of the documents identified as potentially privileged by the defense and for both parties to file a joint status report outlining what documents are in dispute, all within 10 days from June 30, 2008. By previous stipulations/orders, this final deadline was extended to July 31, 2008. Also by previous stipulation/order, Government taint counsel took possession of the potentially Attorney-Client privileged documents previously held by the Court, and has maintained continuous and sole custody of those documents at a secure location in the U.S. Attorney's Office during his review.
2. Both defense counsel and Government taint counsel have completed their respective reviews, have met and conferred, and have resolved all privilege issues related to these documents.
3. According to defense counsel and Government taint counsel, all of the documents that are privileged have been placed in sealed pink envelopes which are clearly labeled as privileged. Any documents that are not in a pink envelope are not privileged. Sometimes a single set of documents examined were found to contain both privileged and non-privileged pages. In those cases, government taint counsel placed the privileged pages in a pink envelope and marked it with a sticker containing an exhibit number and the designation "P." The unprivileged pages were marked with the same exhibit number but the designation "NP." Moreover, government taint counsel included a marker page with the "NP" set describing in general terms the documents that had been removed and placed in the corresponding pink envelope.
4. All of the above documents, both non-privileged and privileged, may now be transferred to the assigned prosecutor and agents handling this investigation, who may maintain custody of these documents hereafter. All privileged documents in sealed pink envelopes will remain in the custody of federal law enforcement in a secure facility and will also remain sealed unless and until this Court orders otherwise. The Government may now review any non-privileged documents.
IT IS SO STIPULATED.
JOHNNY L. GRIFFIN, III. Attorney for Dr. Arjinderpal Sekhon (Signature per telephonic authorization)
IT IS SO ORDERED.
DATED: July 31, 2008
GREGORY G. HOLLOWS U.S. Magistrate Judge
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