United States v. Sierra Pacific Industries

ORDER DENYING SIERRA PACIFIC INDUSTRIES’ MOTION FOR RECONSIDERATION OF DISCOVERY ORDER

This matter comes before the Court on Defendant Sierra Pacific Industries’ (“Spi”) Motion for Reconsideration of Discovery Order (Doc. # 107). Plaintiff United States of America opposes the motion (Doc. # 111).

I. FACTUAL AND PROCEDURAL BACKGROUND

On August 10, 2010, the United States Forest Service invited the public to a ser ies of seven tours of a Forest Service Project on the Plumas National Forest. Michael Schaps (“Schaps”), an associate attorney with Downey, Brand, counsel of record for SPI, attended the public tour, along with other members of the public. During the tour, Schaps communicated with a number of Forest Service employees. At no time did Schaps inform those employees that he was an attorney with the law firm representing SPI in this pending litigation.

Upon learning that Schaps attended the tour and asked questions to Forest Service employees, the United States filed a Motion for Protective Order to Bar Improper Ex Parte Contacts and Produce Evidence of Ex Parte Contracts; And Prohibit Use of Evidence Obtained From Ex Parte Contacts (Doc. # 68) before the Honorable Edmund…