Allan Favish is a Los Angeles-based attorney whose focus is on General Insurance Defense and Litigation Insurance Coverage/Reinsurance & Bad Faith Litigation. A UCLA graduate, he received his J.D. at Hastings College of Law in 1981.
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Transcript of October 13, 2000, Hearing
1 SENSITIVE AREA. IF MR. FAVISH IS OF THE OPINION THAT THERE
2 IS THE POTENTIAL THAT SOMEBODY IN SOME MANNER COMPROMISED
3 THESE PHOTOGRAPHS, THEN I THINK AS A PART OF THE DISCOVERY
4 ASSOCIATED WITH THIS LAWSUIT, PRIOR TO MY RULING OR
5 ASSOCIATED WITH MY RULING, HE NEEDS TO BE ABLE TO TAKE
6 THOSE DEPOSITIONS. THAT WOULD BE MY PRELIMINARY RULING.
7 MR. FAVISH: NOW, ONE OTHER THING --
8 THE COURT: WAIT A SECOND. I'M LOOKING AT HER.
9 WHAT DO YOU THINK, MS. LUYMES?
10 MS. LUYMES: GENERALLY SPEAKING, YOUR HONOR, THERE
11 ISN'T DISCOVERY IN A FOIA REQUEST. I MEAN, I HAVE SEEN
12 THESE PHOTOS. THERE IS NO EVIDENCE TO MY EYE -- AND IF WE
13 NEED TO CALL THE FBI IN SINCE THEY HAD ORIGINAL CUSTODY OF
14 THE PHOTOS, THEN MAYBE I NEED TO HAVE THE FBI TAKE A LOOK
15 AT THEM AND SEE WHETHER THERE'S BEEN ANY EVIDENCE OF
16 TAMPERING.
17 AS YOU KNOW FROM YOUR DAYS OF BEING U.S. ATTORNEY,
18 IF YOU'RE GOING TO TRY AND TAKE THE DEPOSITIONS OF
19 ASSISTANT UNITED STATES ATTORNEYS OR OTHER EMPLOYEES,
20 LAWYERS WITHIN THE DEPARTMENT OF JUSTICE, YOU'VE GOT TO
21 FOLLOW PART 16 AND DEMONSTRATE. YOU'VE GOT SOME HOOPS TO
22 OVERCOME. AND I DON'T SEE THAT -- TO ME THIS IS JUST A
23 TOTAL FISHING EXPEDITION.
24 THE COURT: HEY, LOOK IT, I DIDN'T COME UP WITH
25 THIS STATUTE. I DIDN'T COMMENT ON THE WISDOM OF THE
13
