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United States v. Cerna

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


August 2, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
IVAN CERNA ET AL., DEFENDANTS.

The opinion of the court was delivered by: William H. Alsup United States District Distr Ctjudge

STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINE FOR COMPLIANCE BY SOUTH SAN FRANCISCO POLICE DEPARTMENT WITH RULE 17(c) SUBPOENA FOR HENTHORN MATERIALS

STIPULATION

WHEREAS defendant Luis Herrera filed on May 25, 2010 an ex parte application for the issuance of a Rule 17(c) subpoena to the South San Francisco Police Department seeking personnel records and other Henthorn materials relating to law enforcement officers included on the government's preliminary witness list (Doc #1770);

WHEREAS the Court granted Mr. Herrera's application on July 6, 2010 and ordered that any responsive documents be produced to the Court no later than days after service of the subpoena (Doc #1892); Francisco Police Department on July 12, 2010;

WHEREAS the subpoena calls for the production of personnel records and other Henthorn materials relating to law enforcement officers currently or formerly employed by South San

WHEREAS the South San Francisco Police Department seeks to modify the order, in part, on the grounds that compliance would be unreasonable or oppressive and, barring that, seeks additional time to respond to the subpoena;

WHEREAS Mr. Herrera does not object to a continuance of the deadline for compliance with the subpoena by the South San Francisco Police Department;

WHEREAS any continuance of the deadline for compliance should not prejudice any right the South San Francisco Police Department may have to move to quash, modify, or otherwise object to the subpoena; South San Francisco Police Department with the subpoena served on July 12, 2010 shall be extended to September 7, 2010. It is further AGREED AND STIPULATED that the South San Francisco Police Department shall reserve the right to move to quash, modify, or otherwise object to the subpoena at any time prior to the deadline for compliance.

IT IS SO STIPULATED.

WHEREAS the subpoena was served pursuant to the Court's order on the South San Francisco Police Department;

WHEREAS the trial date has been continued to March 7, 2011;

IT IS HEREBY AGREED AND STIPULATED that the deadline for compliance by the DATED: July 29, 2010

ORDER

By stipulation, and for good cause shown, it is hereby ordered that the South San Francisco Police Department shall have until September 7, 2010 to comply with the subpoena for personnel records and other Henthorn materials that was served by defendant Luis Herrera on July 12, 2010.

It is further ordered that the South San Francisco Police Department shall retain all rights to move to quash, modify, or otherwise object to the subpoena prior to September 7, 2010.

IT IS SO ORDERED.

20100802

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