Escolar Documentos
Profissional Documentos
Cultura Documentos
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CV 07-2513-PHX-GMS
Phoenix, Arizona
March 27, 2015
2:01 p.m.
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(Status Conference)
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Court Reporter:
Gary Moll
401 W. Washington Street, SPC #38
Phoenix, Arizona 85003
(602) 322-7263
A P P E A R A N C E S
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A P P E A R A N C E S
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A P P E A R A N C E S
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P R O C E E D I N G S
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THE COURT:
Thank you.
THE CLERK:
Please be seated.
14:01:17
MS. WANG:
Cecillia Wang
THE COURT:
Ms. Wang.
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MR. YOUNG:
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MR. SEGURA:
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MR. CASTILLO:
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plaintiffs.
MR. BENDOR:
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plaintiffs.
MR. POCHODA:
plaintiffs.
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THE COURT:
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MS. IAFRATE:
Good afternoon.
Good afternoon, Your Honor.
Michele
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THE COURT:
Good afternoon.
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MR. MURDY:
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the plaintiffs.
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Good afternoon.
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Craig Murdy
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THE COURT:
MR. MURDY:
Murdy.
THE COURT:
Murdy.
MR. MURDY:
M-u-r-d-y.
THE COURT:
Okay.
MR. MURDY:
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I filed a notice of
All right.
MR. McDONALD:
Sheriff Joe Arpaio.
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THE COURT:
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MR. MITCHELL:
Thank you.
Barry Mitchell
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THE COURT:
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MR. BIRNBAUM:
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Good afternoon.
Good afternoon, Your Honor.
Gary
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Dennis
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appearing.
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MR. EISENBERG:
Eisenberg.
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matter?
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14:02:37
David
MR. DODD:
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Brian Sands.
THE COURT:
appearing?
MR. DODD:
THE COURT:
MR. DODD:
THE COURT:
proceeding.
Specially appearing.
Yes.
Okay.
Thank you.
Anyone else?
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MS. LAI:
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MS. LAI:
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Go ahead.
John Girvin for the monitor and
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Good afternoon.
MS. LAI:
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MS. LAI:
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Your Honor.
THE COURT:
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14:03:19
Good afternoon --
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She's a
All right.
Thank you.
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MS. WANG:
I would alert
that Mr. Casey is a potential fact witness in this case and can
depose him.
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THE COURT:
All right.
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or from Chief Sands other than your motion for protective order
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Chief Sands.
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MS. IAFRATE:
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THE COURT:
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All right.
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wanted to say?
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MS. IAFRATE:
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and also analyzed the case that you recommended that we looked
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at.
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hand.
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THE COURT:
We heard
cut you off, but I don't think Mr. Murdy disagrees with you on
MS. IAFRATE:
comments that were made last week were vastly different than
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THE COURT:
All right.
MS. IAFRATE:
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THE COURT:
Okay.
But I
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MS. IAFRATE:
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THE COURT:
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would also apply to Mr. Sands, but specific to his request, no.
THE COURT:
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Okay.
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All right.
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MS. IAFRATE:
THE COURT:
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All right.
all documents because Mr. Sands cannot even assert that he has
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THE COURT:
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MS. IAFRATE:
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THE COURT:
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MR. MURDY:
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MS. IAFRATE:
Thank you.
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THE COURT:
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MS. IAFRATE:
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THE COURT:
Yes.
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MS. IAFRATE:
THE COURT:
MS. IAFRATE:
THE COURT:
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MS. IAFRATE:
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THE COURT:
Yes.
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correct?
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MS. IAFRATE:
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THE COURT:
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Yes.
All right.
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Mr. Sands himself merely to let Mr. Sands and Mr. Sheridan know
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that it existed.
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And --
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Correct.
THE COURT:
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privileged, is it?
MS. IAFRATE:
does have a duty.
THE COURT:
Who?
MS. IAFRATE:
and it was to let Mr. Sands and Mr. Sheridan know of its
existence.
THE COURT:
the receipt of this memorandum, which was to let Mr. Sands and
MS. IAFRATE:
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THE COURT:
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MS. IAFRATE:
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No, I didn't.
I think you
please?
THE COURT:
All right.
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memorandum?
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MS. IAFRATE:
Mr. MacIntyre.
THE COURT:
All right.
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MS. IAFRATE:
That is correct.
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THE COURT:
the sheriff.
MS. IAFRATE:
THE COURT:
All right.
apply.
communication being sent to persons who did not have the first
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representing here.
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MS. IAFRATE:
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representation, then?
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THE COURT:
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All right.
MS. IAFRATE:
Sheriff's Office.
THE COURT:
other people, many people are saying Chief Sands had the
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MS. IAFRATE:
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THE COURT:
MS. IAFRATE:
be different.
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THE COURT:
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events.
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MS. IAFRATE:
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THE COURT:
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He may, yes.
MS. IAFRATE:
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THE COURT:
All right.
when you provide part of the document, which I've now ruled
waiver.
to apply to document 2.
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and so there may be, in fact, work product immunity that you
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can still assert, and there may not really be anything in the
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MS. IAFRATE:
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of their client.
THE COURT:
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All right.
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But it seems to me
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and to put aside things that he or she knows that are not
I'm going to
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Lieutenant Sousa.
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determine that there isn't a basis under which I'm either going
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MS. IAFRATE:
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THE COURT:
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Mr. Murdy?
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MR. MURDY:
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THE COURT:
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MS. WANG:
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THE COURT:
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Henry.
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THE COURT:
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MS. IAFRATE:
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THE COURT:
So this is --
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THE COURT:
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Yes.
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THE COURT:
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document.
MS. IAFRATE:
THE COURT:
Correct.
Mr. MacIntyre.
MS. IAFRATE:
THE COURT:
Correct.
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make sure Mr. Sands got it when Mr. Sands was an independent
addressee?
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MS. IAFRATE:
Honor.
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THE COURT:
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MS. IAFRATE:
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THE COURT:
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number 1.
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MS. IAFRATE:
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THE COURT:
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Correct.
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MS. IAFRATE:
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THE COURT:
Correct.
Okay.
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MS. IAFRATE:
THE COURT:
Correct.
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contempt.
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MS. IAFRATE:
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Mr. Sands.
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THE COURT:
Okay.
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Sands.
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Similar to
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MS. IAFRATE:
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today, Your Honor, it sounds like that you are not determining
that because Mr. MacIntyre does not have any official duties,
THE COURT:
law.
contrary?
MS. IAFRATE:
Mr. Sands and Mr. Sheridan were aware of the existence of the
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privilege.
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THE COURT:
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of whom only had the responsibility to see that the one person
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privilege?
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MS. IAFRATE:
THE COURT:
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extending it, but I'm trying to explore how far you think it
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goes.
MS. IAFRATE:
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argument to quite --
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MS. IAFRATE:
THE COURT:
-- an executive deputy --
MS. IAFRATE:
THE COURT:
MS. IAFRATE:
THE COURT:
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The privilege is --
Lost.
Yes.
There is no privilege.
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THE COURT:
Yes.
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documents?
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MS. IAFRATE:
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THE COURT:
it?
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MS. IAFRATE:
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THE COURT:
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MS. IAFRATE:
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THE COURT:
Okay.
Yes.
All right.
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privilege.
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THE COURT:
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All right.
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MS. IAFRATE:
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of clarification?
THE COURT:
Um-hum.
Yes.
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MS. IAFRATE:
to him.
THE COURT:
MS. IAFRATE:
THE COURT:
I was assuming --
Please.
MS. IAFRATE:
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THE COURT:
Very well.
MS. IAFRATE:
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THE COURT:
Understood.
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MS. IAFRATE:
there may be.
THE COURT:
responsibilities.
Okay.
Thank you.
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we have pending.
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attorney-client privilege.
MS. IAFRATE:
this e-mail.
THE COURT:
MS. IAFRATE:
THE COURT:
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All right.
He was a chief.
implementation?
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MS. IAFRATE:
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responsible for.
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THE COURT:
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MS. IAFRATE:
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THE COURT:
All right.
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THE COURT:
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MS. IAFRATE:
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Yes.
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All right.
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MS. IAFRATE:
THE COURT:
Yes.
injunction.
MS. IAFRATE:
injunction.
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THE COURT:
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MS. IAFRATE:
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At the
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THE COURT:
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That's okay.
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you weren't.
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THE COURT:
I was not.
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its terms.
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THE COURT:
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Yes.
All right.
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can't tell me what Rollie Seebert did that has any official
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THE COURT:
(Pause in proceedings.)
MS. IAFRATE:
preliminary injunction.
Sure.
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THE COURT:
All right.
preliminary injunction?
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THE COURT:
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never implemented.
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THE COURT:
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I would assume.
All right.
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MS. IAFRATE:
THE COURT:
MS. IAFRATE:
THE COURT:
Sorry.
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MS. IAFRATE:
THE COURT:
Yes.
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MS. IAFRATE:
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THE COURT:
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It may be.
It may be.
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But
he wants it.
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There
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organization.
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MS. IAFRATE:
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employee.
THE COURT:
Sure.
MS. IAFRATE:
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which is MCSO.
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THE COURT:
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this, Chief Sands can see those documents, I may well condition
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that disclosure on him not using it for any purpose other than
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this litigation.
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MS. IAFRATE:
If I authorize, pursuant to
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That concerns me
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MS. IAFRATE:
THE COURT:
MS. WANG:
Ms. Wang.
Your Honor, it's our understanding that
THE COURT:
Well -- okay.
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and I want you to know and I'm going to disclose on the record,
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to Chief Sands.
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for documents and other things from the monitor that I was not
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that he'd received from MCSO, any of his raw work product and
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week.
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MS. IAFRATE:
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from the monitor, that there was a group that she believed I
THE COURT:
MS. IAFRATE:
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All right.
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accurate.
THE COURT:
All right.
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MR. MURDY:
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THE COURT:
All right.
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inadvertent.
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MS. IAFRATE:
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THE COURT:
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All right.
MR. MURDY:
Absolutely.
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THE COURT:
All right.
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heard on that?
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MS. WANG:
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Ms. Iafrate.
THE COURT:
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realize.
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ask you to disclose all the persons who in any part of that
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MS. IAFRATE:
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THE COURT:
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Understood.
All right.
Thank you.
I want to
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look at so that he or she will have the whole package and can
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And I would rather do that rapidly, and I'm sure that all the
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MS. IAFRATE:
THE COURT:
Tuesday.
All right.
Please do it by Thursday.
And
I'll hold my order until at least I've heard from you, so that
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MS. IAFRATE:
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THE COURT:
I agree.
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document for.
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MS. IAFRATE:
Very well.
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THE COURT:
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MS. WANG:
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Okay.
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We would ask that she identify all such documents, include them
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THE COURT:
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MS. IAFRATE:
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THE COURT:
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All right.
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Again
waiver, which there may be, those are both good privilege
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it carefully.
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MS. IAFRATE:
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THE COURT:
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Correct.
Okay.
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MS. IAFRATE:
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THE COURT:
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No.
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attorneys.
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MS. IAFRATE:
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THE COURT:
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respect to this?
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Jakowinicz.
I appreciate that.
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MS. IAFRATE:
THE COURT:
No.
All right.
disclosed.
MacIntyre.
that?
MS. IAFRATE:
THE COURT:
No.
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Yeah.
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THE COURT:
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Correct.
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to make sure that they got this document, that somebody else
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MS. IAFRATE:
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THE COURT:
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MS. IAFRATE:
THE COURT:
Correct.
All right.
been sent to Chief MacIntyre for any of the ones that we've
discussed.
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THE COURT:
Very well.
Okay.
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MS. IAFRATE:
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THE COURT:
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Very well.
Ms. Iafrate?
MS. IAFRATE:
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THE COURT:
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But I'll
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I think we
With regard
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THE COURT:
It's
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MR. MURDY:
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THE COURT:
All right.
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MR. MURDY:
No.
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THE COURT:
Thank you.
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MS. WANG:
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plaintiffs.
THE COURT:
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Anything else?
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I'm not sure, Ms. Wang, that that would apply to any
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and I'm not sure that even if he can see and review those
plaintiff.
MS. WANG:
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be able to --
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THE COURT:
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MS. WANG:
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THE COURT:
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Yes, sir.
Just wanted to make clear what -- where we
now stand.
Are there any other issues that since we're all
together I can be of any assistance on?
MR. YOUNG:
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it comes.
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The hearing
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is coming up.
conferences, and I would like to ask Your Honor how you would
THE COURT:
I think
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Ms. Iafrate.
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things.
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Ms. Iafrate get on the phone, give me a call, and I will set up
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I'll
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I usually don't go
MR. YOUNG:
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THE COURT:
All right.
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MR. YOUNG:
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issues.
14:44:50
THE COURT:
Anything else?
MS. IAFRATE:
THE COURT:
MS. WANG:
THE COURT:
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All right.
All right.
Thank you.
14:44:56
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C E R T I F I C A T E
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s/Gary Moll