Californians for Alternatives to Toxics v. Reichardt Duck Farm, Inc

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CALIFORNIANS FOR ALTERNATIVES Case No. 22-cv-09065-AGT

TO TOXICS,

Plaintiff, DISCOVERY ORDER v. Re: Dkt. No.

REICHARDT DUCK FARM, INC, et al., Defendants.

Defendant John Reichardt must produce the financial documents plaintiff has requested, see RFP Nos. 29–33, unless the documents don’t exist or are not in Reichardt’s possession, custody, or control. Reichardt’s finances are relevant to the amount (if any) of civil penalties to be imposed under the Clean Water Act. See 33 U.S.C. § 1319(d). Reichardt may qualify as a “responsible corporate officer,” who would be liable under the Clean Water Act if Reichardt Duck Farm, Inc., discharged polluted stormwater into waters of the United States. See United States v. Iverson, 162 F.3d 1015, 1022–25 (9th Cir. 1998). The governing protective order will prevent plaintiff from publicly disclosing Reichardt’s confidential financial information, in- cluding his tax returns. See Order, Dkt. 38 at 2 (explaining that the protective order will ensure that “the public policy against unnecessary public disclosure of tax returns” isn’t…