Case No. CV 00-7427-GAF
October 25, 2000
ORDER RE: EX PARTE APPLICATION TO LIFT STAY
The Court presently has before it the ex parte application of plaintiff to lift the stay in these proceedings to permit a motion seeking class certification, and to permit the issuance of such subpoenas as are necessary to obtain transcripts of the testimony of Rafael Perez. The ex parte is GRANTED in part and DENIED in part.
The Court is presently preparing an order seeking information from both plaintiffs and defendants in the "Rampart" related cases to assist the Court in understanding and defining the class issues in this case. The Court expects that order to be served on the parties by the end of this week. Until that task is completed, the Court will not entertain motions for class certification, and declines to lift the stay with respect to that portion of the application.
With respect to the second request, however, the Court agrees that Rafael Perez is a central figure in the many of the pending Rampart cases and believes that it would be appropriate for the plaintiffs to take steps to obtain copies of transcripts of Perez's testimony and statements. Accordingly, the stay is lifted to permit the all parties in all Rampart cases to take steps to obtain those materials.
ACCORDINGLY, IT IS HEREBY ORDERED AS FOLLOWS:
1. The ex parte application to lift the stay to permit a motion for class certification is DENIED;
2. The ex parte application to lift the stay to permit the issuance of such subpoenas as are necessary to obtain the testimony and statements of Rafael Perez is GRANTED with respect to all parties in all "Rampart" cases;
3. With respect to the Perez materials, a representative of the City Attorney's office, counsel for Mr. Perez, and Messrs. Yagman, Lysaght, Yates, and Moreno, who represent a majority of the presently named plaintiffs, are to confer regarding the creation of a central depository to house those materials, a means of identification of the materials contained in the depository (for example, a master numbering system so that each different statement will have its own number, which will be used in all cases), and mechanism by which all parties to the litigation may access the materials. Once the parties have agreed on a procedure to implement these objectives, they should submit a proposed order to the Court to implement the procedure. The Court will thereafter circulate the proposed order giving the remaining litigants an opportunity to comment on its terms, and, if necessary, will conduct a hearing to resolve any objections to the terms of the proposed order.
4. The clerk of court is to serve a copy of this order on all parties in all cases presently assigned to Judge Feess as a "Rampart" related case.