Narrative Opinion Summary
In this case, the Court vacated two minute orders issued by the Special Master in May 1997, following a new hearing in September 1997. The Defendants, which include several chemical corporations, are allowed to conduct discovery on all relevant matters, particularly those involving the EPA's activities at the Palos Verdes Shelf. The Court partially vacated an order limiting deposition discovery concerning the Amended Consent Decree, allowing factual inquiries while prohibiting exploration into settlement discussions due to a confidentiality order. Hon. Harry V. Peetris is appointed as Discovery Referee to address any discovery-related issues that arise, with the Special Master retaining the ability to supervise pretrial motions and discovery. The Court retains the authority to independently review and decide on objections related to confidential communications and other protected matters during depositions. The Special Master has provided a Report and Recommendation on the Defendants' Motion for Independent Review, and the Court is considering it alongside submissions from both parties. The defendants are satisfied with Judge Peetris serving as the deposition referee, ensuring that discovery processes are managed efficiently and fairly.
Legal Issues Addressed
Delegation of Authority in Pretrial Supervisionsubscribe to see similar legal issues
Application: The Court’s Pretrial Order delegates authority to the Special Master for supervising pretrial motions and discovery, including deposition scheduling and dispute resolution.
Reasoning: Counsel are referred to the Court’s Pretrial Order No. 1, which delegates authority to the Special Master for supervising pretrial motions and discovery, including deposition scheduling and dispute resolution.
Discovery Rights in Environmental Litigationsubscribe to see similar legal issues
Application: Defendants are permitted to conduct discovery on relevant matters, including EPA activities related to the Palos Verdes Shelf, to support allegations against Plaintiffs or their experts.
Reasoning: Defendants may conduct discovery on all relevant matters, particularly concerning the EPA's activities related to the Palos Verdes Shelf.
Judicial Review of Special Magistrate's Rulingssubscribe to see similar legal issues
Application: The Court has the discretion to independently review and adopt, modify, or reject the Special Magistrate’s rulings on referred matters.
Reasoning: The Court retains discretion to hold hearings on matters referred to the Special Magistrate and can adopt, modify, or reject the Special Magistrate's rulings after independent review.
Limitations on Discovery Concerning Amended Consent Decreesubscribe to see similar legal issues
Application: While Defendants can explore factual matters related to the Amended Consent Decree, they are barred from inquiring into settlement discussions protected by confidentiality orders.
Reasoning: The May 28 order restricting deposition discovery related to factual matters of the Amended Consent Decree is vacated in part. Defendants can explore factual matters but cannot inquire into settlement discussions protected by a previous confidentiality order.
Role of Discovery Referee in Pretrial Proceedingssubscribe to see similar legal issues
Application: Hon. Harry V. Peetris is appointed as Discovery Referee to address discovery-related issues and may attend depositions to resolve objections.
Reasoning: Any discovery-related issues will be addressed by Hon. Harry V. Peetris, appointed as Discovery Referee. The Special Master may attend depositions to resolve objections.