Does a district court have a duty under FRCP 26(g)(3) to sanction public entities and their attorneys for improper withholding of documents requested through discovery before settlement?

QUESTIONS PRESENTED FOR REVIEW Introduction This Petition involves two classes of with distinct legal issues and questions presented for review: 1) A public entity and its . attorneys; and 2) a state court receiver. Questions Regarding the Public Entity and its Attorneys: 1. Does a district court have a duty under FRCP 26(g)(3) to sanction public entities and their attorneys for improper withholding of documents ; requested through discovery before settlement? — ; 2. On the facts before it, did the district court abuse its discretion regarding the public entity's and its attorneys’ withholding of documents? ; 8. Did the Court of Appeals abuse the abuse of discretion standard of review by not examining the whole record? Questions Regarding the State Court Receiver: 1. Should the Barton Doctrine be applied to a , state court receiver sued in his personal capacity for damages under § 1983? 2. Is a constitutional violation within the scope of a state court receiver’s authority? 8. Did Petitioner's plead a constitutional violation by the state court receiver? i LIST OF 1. Trisha A. Aljoe Pleasanton Special Counsel 2. Jonathan P. Lowell — Pleasanton City Attorney : 8. City of Pleasanton 4. George Thomas — Pleasanton Chief Building Official 5. Walter Wickboldt — Pleasanton Building Official 6. Sgt. Robert Leong — Pleasanton Police Officer 7. Ryan Tujague — Pleasanton Police Officer 8. J. Benjamin McGrew Receiver 1-4, Aljoe, Lowell, City of : Pleasanton, and J. Benjamin McGrew are the ; subjects of this Petition for Writ of Certiorari. 4-7, Thomas, Wickboldt, Leong, and Tujague, were dismissed pursuant to stipulation after settlement. 1-7, Aljoe, Lowell, City of . Pleasanton, G. Thomas, Wickboldt, Leong, and Tujague are collectively referred to herein as “City of Pleasanton, et al.” ; 1-3, Aljoe, Lowell and City of Pleasanton, are collectively referred to herein as “City Defendants.” 8, J. Benjamin McGrew Receiver, is referred to herein as “McGrew.” ii