The opinion of the court was delivered by: The Honorable Susan Illston United States District Court Judge
STIPULATION AND [PROPOSED] ORDER RE EVIDENCE AND BRIEFING OF THE WYCKOFF PLAINTIFFS' MOTION FOR ALLEGED SPOLIATION OF EVIDENCE
sanctions for alleged spoliation of evidence by Defendant United States is set for hearing on
WHEREAS, on July 2, 2009, the Hon. Read Ambler issued Special Master Order No. 9, Granting in Part the Wyckoff Plaintiffs' Motion for Sanctions for Discovery Violations which, among other things, directs each Coast Guard agency counsel involved in the investigation of the
WHEREAS, the motion of Plaintiffs Susan and Alexander Wyckoff ("the Wyckoffs") for August 14, 2009, with Plaintiffs' opening papers due on July 10, 2009; December 2005 accident, and all U.S. Attorneys involved in the preparation of the Government's disclosures and discovery responses in this action, to "provide Plaintiffs with separate declarations . specifically detailing the steps taken to preserve evidence relevant to the issues reasonably evident in this action, including interdiction of any document-destruction program and any ongoing erasures of e-mails, voice mails, and other electronically-recorded material" (Order
WHEREAS, the Wyckoff Plaintiffs, Plaintiff Charlie Eap, the United States and Defendant Daniel Sperl all wish and presently intend to preserve the existing briefing and hearing 15 schedules in this matter; declarations to be provided are likely to contain evidence relevant to Plaintiffs' spoliation claims and should be considered by the Court; and witnesses Michael Walker and Karen Naulty on July 7 and 8 in support of its motion for summary judgment, which is also due to be filed on July 10, 2009; one hand, and Defendants United States and Daniel Sperl on the other, through their respective attorneys of record, that:
(Ret.), along with argument based on the evidence contained in the declarations, as part of their reply papers in support of their motion for sanctions for alleged spoliation p. 82, ¶ 2), and said declarations are to be provided "no later than July 10, 2009;"
WHEREAS, Plaintiffs anticipate, and the United States does not dispute, that the
WHEREAS, the United States desires to use the deposition testimony to be given by
IT IS HEREBY STIPULATED by and between the Wyckoff and Eap Plaintiffs, on the 1. The Wyckoff Plaintiffs may introduce the declarations ordered by Judge Ambler of evidence, due to be filed on July 31, 2009, notwithstanding that such evidence and argument may go beyond the issues addressed in Plaintiffs' moving papers;
2. Defendant United States and Daniel Sperl waive any objection to the presentation of the declarations and argument based on the content of the declarations in connection with the Wyckoff Plaintiffs' reply papers on the ground that such declarations and argument were raised for the first time in the Wyckoff Plaintiffs' reply papers;
3. Defendant United States may submit a sur-reply memorandum, not to exceed ten pages and limited solely to Plaintiffs' argument, if any, concerning the declarations referenced above, provided such sur-reply is filed on or before August 7, 2009; and
4. Defendant United States may, on or before July 17, 2009, file with the Court one supplemental declaration limited to relevant excerpts from the July 7 and 8 depositions of Mr. Stage and Ms. ...