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ANDRE BIROTTE JR. United States Attorney ROBERT E. DUGDALE Assistant United States Attorney Chief, Criminal Division CHERYL L. O'CONNOR (California Bar No. 173897) MARGARET L. CARTER (California Bar No. 220637) Assistant United States Attorneys 1300 United States Courthouse 312 North Spring Street , Los Angeles, California 90012 Telephone: (213) 894-7413 Facsimile: (213) 894-6436 E-mail: firstname.lastname@example.org email@example.com Attorneys for Intervenor UNITED STATES OF AMERICA Gov. code 6183
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LOS ANGELES iUPERIOR COURT
'JUL 1 I 2012
.. VTIVIi g~rIC6A1CLERK
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES
13 SEIU UNITED LONG-TERM CARE WORKERS LOCAL 6434, 14 15 16 vs. Plaintiff,
17 TYRONE FREEMAN, et aI., 18 19 20 21 22 23 24 25 26
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
Case No. BC 410703 Assigned for all purposes to the Honorable Judge Holly E. Kendig EX PARTE APPLICATION OF UNITED ST ATES OF AMERICA REGARDING FOURTH EXTENSION OF STAY OF DISCOVERY AND POSTPONEMENT OF CASE MANAGEMENT CONFERENCE; DECLARATION OF MARGARET L. CARTER; [PROPOSED] ORDER Action filed: March 27, 2009 Trial date: Not Set Unlimited Civil Case Hearing Date Date: July 11,2012 Time: 8:30 a.m. Dept.: 42
TO THE COURT, THE PARTIES, AND ALL COUNSEL OF RECORD: The Intervenor United States of America ("the United States" or "the government"), by and through its attorney of record, the United States Attorney for the Central District of California, hereby applies ex parte for a short extension of the stay of discovery with respect to all parties in the civil
EPA FOR EXTENSION OF STAY OF DISCOVERY
matter, to at least July 3 1, 2012.1 The United States further requests that the Case Management 2 3 4 5 6 7 Conference in this case, which is currently scheduled for July 16, 2012, be postponed until a date in August 2012, and that the stay of discovery with respect to all parties be continued until the same date. This application is based on the attached Declaration of Margaret L. Carter, along with the government's original stay motion, filed on January 3, 2011, the previous stay extensions to which the. parties have stipulated, any further evidence and argument that the United States may present at or before a hearing on this application, and all the files and records in this case. Respectfully submitted, ANDRE BIROTTE JR. United States Attorney ROBERT E. DUGDALE Assistant United States Attorney Chief, Criminal Division
8 Dated: July 9, 2012
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Assistan Attorney Public Corruption & Civil Rights Section Attorneys for Intervenor United States of America
The United States previously requested a stay extension in a Motion filed on July 2, 2012. Because,
however, that Motion could not be heard until September 2012, well after the discovery stay at issue has expired, the United States is refilling its request as an ex parte application. .
~:28 -2EPA FOR EXTENSION OF STAY OF DISCOVERY
I, Margaret L. Carter, hereby state and declare as follows:
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I am an Assistant United States Attorney ("AU SA") United States Attorney's Office for
the Central District of California and have been so employed since approximately June 2007. I am assigned to conduct the criminal investigation of matters that are referenced in the above-entitled civil case. Except as otherwise indicated, I make this declaration based on personal knowledge and, if
7 called as a witness, would be competent to testify to the facts set forth herein.
I submit this declaration in support of the United States' ex parte application for an
extension to July 31, 2012 of the discovery stay as to all parties in SEIU Long-Term Care Workers
10 Local 6434 v. Tyrone Ricky Freeman, et al., L.A.S.C. Case No. BC410703 (the "civil case"). This II application is made to protect the integrity of the United States' contemporaneous criminal 12 investigation. 13 3. On February 15,2011, the Court granted the United States' Motion to Intervene in Civil
14 Case and to Stay Civil Discovery During Pendency of Criminal Proceedings and stayed discovery in 15 this civil action for six months from the date of the Court's Order based on the facts set forth in 16 Paragraphs 3 and 4 of the Declaration of Cheryl O'Connor filed in support of the motion. 17
The parties thereafter requested and the Court granted extensions of the stay of civil
18 discovery until July 11, 2012 (the date that the Court previously set for a Case Management 19 Conference). 20 21 22 23 24 25 26 5. Since the last stay extension request, on May 18,2012, the government filed criminal
charges against defendant Pilar Planells in the case of United States v. Pilar Planells, CR 12-0490-RZ. Defendant Planells signed a plea agreement with the government, and she pleaded guilty on June 11, 2012, to a one-count information charging her with violating 26 U .S.C. § 7203 (Willful Failure to File a Tax Return). Defendant Planells is currently awaiting sentencing.
The United States and defendant Tyrone Freeman have executed a tolling agreement
regarding potential criminal charges through July 31, 2012. 7. The United States requires a short further stay of discovery to at least July 31,2012 to
protect the integrity of its ongoing criminal investigation.
DECLARTION OF MARGARET L. CARTER ISO EPA TO EXTEND STAY
8. 2 3 4 5 6 7 8 9 10 11 12 13 short extension
Counsel for plaintiffSEIU request. Plaintiff's
has informed me that it does not oppose the government's willingness to sign a stipulation scheduled requesting
counsel also expressed Conference,
that the Court continue the Case Management 2012, and extend the discovery the Case Management 9.
which is currently
for July 16,
stay until at July 31, 2012, or until the date in August 2012 to which is continued. Tyrone Freeman and Pilar Planells have both informed me that of the discovery stay and that they would
Counsel for defendants
they believe that the Court should grant a longer extension not sign a stipulation proposing a short extension
of the discovery
stay to July or August 2012. Executed at
I declare under penalty of perjury that the foregoing Los Angeles, California, on July 9,2012.
is true and correct.
-2DECLARTION OF MARGARET L. CARTER ISO EPA TO EXTEND STAY
DECLARATION OF MARGARET L. CARTER RE NOTICE PURSUANT TO
CAL. RULE OF COURT 3.1204
I, Margaret L. Carter, hereby state and declare as follows: 1. [ am an Assistant United States Attorney ("AU SA") United States Attorney's Office for
5 the Central District of California and have been so employed since approximately June 2007. [am .6 assigned to conduct the criminal investigation of matters that are referenced in the above-entitled civil 7 case. Except as otherwise indicated, [ make this declaration regarding my efforts to notify counsel in 8 this matter of the intention of Intervenor United States of America to file an ex parte application for an 9 extension to July 31,2012 of the discovery stay as to all parties in SEIU Long-Term Care Workers
10 Local 6434 v. Tyrone Ricky Freeman, et aI., L.A. S.C. Case No. BC410703 (the "civil case"). 11 2. On Monday, July 9,2012, at 4:48 p.m., I gave notice via electronic mail to the
12 following counsel of my intention to present the United States' ex parte application: 13 14 15 16 17 18 19 20 21 22 23 24 25 26
Scott A. Kronland (BarNo. 171693) Jennifer Sung (Bar No. 254741) ALTSHULER BERZON LLP 177 Post Street, Suite 300 San Francisco, CA 94108 Telephone: (415) 421-7151 Facsimile: (415) 362-8064 firstname.lastname@example.org email@example.com Attorneys for Plaintiff SElU United Long-Term Care Workers Local 6434
Michael Zweiback (Bar No. 143549) NIXON PEABODY LLP Gas Company Tower, 555 West Fifth St., 46th Floor Los Angeles, California 90013-1010 Telephone: (213) 629-6000 Facsimile: (213) 629-6001 firstname.lastname@example.org Attorneys for Defendant Tyrone R. Freeman
27 28 DECLARATION OF MARGARET L. CARTER RE NOTICE OF EPA
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Stephen O. Larson (Bar No. 145225) ARENT FOX LLP Gas Company Tower, 555 West Fifth St., 48th Floor Los Angeles, California 90013-1010 Telephone: (213) 443-7616 Facsimile: (213) 629-7401 larson. email@example.com Attorneys for Defendants Pilar C. Planells and Lotus Seven Productions, Inc.
The electronic mail notice included the following statement: "Please take notice that I
intend to present the attached ex parte application to Judge Holly E. Kendig, at 8:30 am on Wednesday, July 11,2012, in Department 42 of the Stanley Mosk Courthouse, 111 North Hill Street,
10 Los Angeles, CA 90012. Please let me know as soon as possible whether you intend to appear to II oppose the application." The electronic mail notice also included as an electronic mail attachment a
12 copy of all of the filing documents, with the exception of this declaration regarding notice. 13 Specifically, I included an electronic copy of the ex parte application, the supporting declaration of 14 Margaret L. Carter, and the proposed order. 15 4. That same afternoon, [ also telephoned the above-listed counsel at their office phone
16 numbers to confirm receipt of the electronic mail notice and to inquire whether they intended to appear 17 to oppose the ex parte application. I reached Attorneys Sung and Zweiback. Attorney Sung confirmed
18 that she received the electronic mail notice and stated that she did not yet know whether Plaintiff SEIU 19 United Long-Term Care Workers Local 6434 would appear to oppose the motion. I notified Attorney 20 21 22 23 24 25 26 Zweiback of the hearing time for the ex parte application. He stated that he did not yet know whether Defendant Tyrone Freeman would appear to oppose the motion. I left a voicemail message for
Attorney Larson, counsel for Defendants Pilar C. Planells and Lotus Seven Productions, Inc., in which I provided Attorney Larson with the date, time, and location at which I intended to present the ex parte application for hearing and in which I notified him that I had also sent a copy of the application via II II
// -2DECLARATION OF MARGARET L. CARTER RE NOTICE OF EPA
electronic mail. I also inquired in my voicemail message whether Attorney Larson intended to appear 2 3 4 to oppose the application I declare under penalty of perjury that the foregoing is true and correct. Los Angeles, California, on July 9, 2012. Executed at
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-3L. CARTER RE NOTICE OF EPA
CERTIFICATE I, Georgina Moreno, declare:
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That I am a citizen of the United States and resident or employed in Los Angeles County, California; that my business address is the Office of United States Attorney, United States Courthouse, 312 North Spring Street, Los Angeles, California 90012; that I am over the age of eighteen years, and am not a party to the above-entitled action; That I am employed by the United States Attorney for the Central District of California who is a member of the Bar of the United States District Court for the Central District of California, at whose direction I served a copy of: EX PARTE APPLICATION OF UNITED STATES OF AMERICA REGARDING EXTENSION OF STAY OF DISCOVERY AND POSTPONEMENT OF CASE MANAGEMENT CONFERENCE; DECLARATION OF MARGARET L. CARTER; [PROPOSED] ORDER service was: [ ] Placed- in a closed envelope, for collection and interoffice delivery addressed as follows:  By hand delivery addressed as follows: ( ] By messenger [X] Placed in a sealed envelope for collection and mailing via United States addressed as follows: [ ] By facsimile as follows: express as follows: FOURTH
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as follows: [ ) By federal SEE ATTACHMENT
This Certificate Angeles, California.
is executed of
on July 10, 2012 at Los
I certify under penalty true and correct.
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scott A. Kronland ALTSHULER BERZON LLP Post Street, suite 300
Michael zweiback NIXON PEABODY LLP Gas Company Tower, LoS Angeles, stephen
10 11 12 13 14 15 16 17 18 19
G. Larson 555
ARENT FOX LLP Gas Company Tower, Los Angeles,
21 22 23
25 26 27
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