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ESTATE OF HARDING v. CITY AND COUNTY OF SAN FRANCISCO, C12-3978 EMC. (2013)

Court: District Court, N.D. California Number: infdco20130213a79 Visitors: 4
Filed: Feb. 12, 2013
Latest Update: Feb. 12, 2013
Summary: STIPULATION AND [PR OPOSE D] ORDER TO ALLOW RELEASE OF COPIES OF PHOTOGRAPHS DEPICTING MR. HARDING, JR. AFTER HE WAS DECEASED IN POSSESSION OF THE OFFICE OF THE MEDICAL EXAMINER AND/OR THE SFPD EDMUND M. CHEN, District Judge. STIPULATION Pursuant to Federal Rule of Civil Procedure 26(c) the parties have met and conferred and stipulate as follows: 1. Pursuant to California Code of Civil Procedure Section 129, neither the Medical Examiner's Office nor the San Francisco Police Department ma
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STIPULATION AND [PROPOSED] ORDER TO ALLOW RELEASE OF COPIES OF PHOTOGRAPHS DEPICTING MR. HARDING, JR. AFTER HE WAS DECEASED IN POSSESSION OF THE OFFICE OF THE MEDICAL EXAMINER AND/OR THE SFPD

EDMUND M. CHEN, District Judge.

STIPULATION

Pursuant to Federal Rule of Civil Procedure 26(c) the parties have met and conferred and stipulate as follows:

1. Pursuant to California Code of Civil Procedure Section 129, neither the Medical Examiner's Office nor the San Francisco Police Department may produce copies of autopsy or crime scene photographs that depict any portion of a deceased person's body other than for use in a criminal prosecution without prior court authorization.

2. Pursuant to California Code of Civil Procedure Section 129, this stipulation has been served on the San Francisco District Attorney's Office at least 5 days in advance of this request being filed with the Court.

2. Good cause exists for the Court to authorize the parties to this action to receive copies of photographs from the Medical Examiner's Office and/or the San Francisco Police Department that depict Kenneth Harding, Jr. after he died ("Harding Photographs") because those photographs may be relevant to evaluating the cause of Mr. Harding's death.

3. The parties therefore jointly request that the Court authorize the parties to this action to receive copies of the Harding Photographs. The parties also agree that the Harding Photographs will not be shown or distributed to any individual or entity that is not a party, or an expert retained by a party, in this litigation, except as my be provided by a protective issued by this Court. Within 30 days upon completion of this litigation the Harding Photographs are to be returned to the City Attorney's Office for destruction.

IT IS SO STIPULATED.

ORDER

GOOD CAUSE APPEARING, IT IS HEREBY ORDERED THAT BASED ON THE ABOVE ENTERED STIPULATION, the Medical Examiner's Office and the San Francisco Police Department are authorized to release the Harding Photographs pursuant to the terms of the foregoing stipulation.

IT IS SO ORDERED.

Source:  Leagle

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