Document for Leeds, Nathaniel M vs County of Butte

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                                11/14/2023
     Jeffrey Mitchell, Esq. (SBN: 188751)
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     jeff@mitchelllawsf.com
2    Nathaniel M. Leeds, Esq. (SBN: 246138)
     nathaniel@mitchelllawsf.com
3    MITCHELL LEEDS, LLP
     290 7th Avenue
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     San Francisco, CA 94118
5    Tel: (415) 702-9928
     Fax: (415) 276-9099
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                      SUPERIOR COURT OF THE STATE OF CALIFORNIA
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                                         COUNTY OF BUTTE
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10   NATHANIEL LEEDS,
                                                       Case No.: 23CV02121
11                 Petitioner,
            v.                                         PETITIONER’S EX PARTE
12                                                     APPLICATION FOR A SCHEDULING
     COUNTY OF BUTTE                                   ORDER PURSUANT TO GOVERNMENT
13                                                     CODE SECTIONS 7923.005 and 7923.100
                   Respondent.                         SETTING:
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                                                           RESPONSIVE PLEADING
15                                                         DEADLINE
16                                                         DATE FOR EN CAMERA
17                                                         PRODUCTION OF RECORDS, and

18                                                         A HEARING DATE

19
                                                       MEMORANDUM OF POINTS AND
20                                                     AUTHORITIES

21                                                     Date:
                                                       Time:
22                                                     Dept:
23                                                     Action Filed: August 4, 2023
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25   TO THE COURT, TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
26          Petitioner appears Ex Parte seeking issuance of a scheduling order pursuant to
27   Government Code Sections 7923.005 and 7923.100 so the Court can review Respondent’s
28   decision to withhold documents which were not produced in response to a request under the

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      PETITIONER’S EX PARTE APPLICATION FOR A SCHEDULING ORDER PERSUANT
                TO GOVERNMENT CODE SECTIONS 7923.005 and 7923.100
1    California Public Records Act (Gov. § 7921.000 et seq.)(“PRA”).
2                        MEMORANDUM OF POINTS AND AUTHORITIES
3          On August 4, 2023, Petitioner filed a verified petition initiating the present mandamus
4    action seeking judicial review of Respondent, County of Butte’s, withholding of documents
5    requested pursuant to the PRA. On August 14th, a summons was issued which was served on
6    county counsel for Butte County on August 23rd. Declaration of Nathaniel M. Leeds In Support
7    of Plaintiff’s Ex Parte Application (“Leeds Decl.” ¶ 3)
8          On September 18, 2023, Petitioner filed a Request for Responsive Pleading Deadline
9    seeking a scheduling order pursuant to Government Code Sections 7923.005 and 7923.100. A
10   proposed order was filed for the convenience of the Court on October 4, 2023. The Court has
11   not provided the code-mandated scheduling order.
12                                                   * * *
13         Petitioner now appears Ex Parte seeking issuance of a scheduling order pursuant to
14   Section 7923.005 so the Court can provide judicial review of Respondent’s decision to withhold
15   documents which it has withheld.
16         Section 7923.005 states, in a proceeding under Section 7923.000 which includes writs of
17   mandate under the PRA, “the court shall set the times for hearings and responsive pleadings
18   with the object of securing a decision as to the matters at issue at the earliest possible time.”
19   (emphasis added)
20         Section 7923.100 states “Whenever it is made to appear, by verified petition . . . that
21   certain public records are being improperly withheld . . . the court shall order the officer or other
22   person charged with withholding the records to disclose those records or show cause why that
23   person should not do so.“ (emphasis added)
24         Because the Court has not issued a scheduling order Respondent has neither provided a
25   responsive pleading nor provided the Court with the documents withheld so that the Court can
26   determine whether the documents were properly withheld.
27   ///
28   ///

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       PETITIONER’S EX PARTE APPLICATION FOR A SCHEDULING ORDER PERSUANT
                 TO GOVERNMENT CODE SECTIONS 7923.005 and 7923.100
1          Petitioner now respectfully asks that the Court set a date for Respondent’s responsive

2    pleadings, a date for an en camera review of the documents withheld, and a date for a hearing on
3    Petitioner’s PRA writ.

4          TIMELY NOTICE TO OPPOSING PARTIES (CRC 3.1203)

5           Petitioner's counsel provided timely notice of this ex parte application to counsel for all

6    Respondents via telephone call at 10:00 am on November 14, 2023 followed shortly thereafter

7    with email transmission. (Leeds Decl., ¶ 5)
8          IDENTIFICATION OF COUNSEL (CRC 3.1202 (a))
9          Respondent, the County of Butte is represented in this matter by Chief Deputy County
10   Counsel, Roger Wilson, 25 County Center Drive, Ste. 210, Oroville, California 95965 (530)
11   552-4070.
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           DISCLOSURE OF PREVIOUS RELATED APPLICATIONS (CRC 3.1202(b))
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            No party has brought a similar ex parte application, or previously moved for any of the
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     relief sought herein.
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     Dated: November 14, 2023                             Mitchell Leeds, LLP
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18                                                        ___________________________________
                                                          Nathaniel Leeds, Esq.
19                                                        Attorney for Petitioner
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       PETITIONER’S EX PARTE APPLICATION FOR A SCHEDULING ORDER PERSUANT
                 TO GOVERNMENT CODE SECTIONS 7923.005 and 7923.100