UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

JACK MILLER, et al., §

Plaintiffs, §

§

vs. §

§ Cause No. 5:20-cv-00642-JKP-RBF

JOSEPH SALVAGGIO, et al., §

Defendants. §

§

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JOINT ADVISORY TO THE COURT

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To the Honorable United States Magistrate Judge Richard B. Farrer: 

Plaintiffs and Defendants file this Joint Advisory to the Court pursuant to Judge Farrer’s

Order entered on April 3, 2023, Dkt. No. 70, regarding the status of discovery issues raised by 

Plaintiffs in their motion to compel [See Dkt. No. 63], and Defendants’ response to that motion. 

[See Dkt. No. 66]. Counsel for the parties conferred in good faith on April 11, 2023, from 

2:30 P.M. to 3:00 P.M., and tentatively resolved the issues raised in Plaintiff’s motion to compel.

First, the parties agree that based on recent production, and Defendants’ promise to 

produce additional information, that there is not a current need for a hearing on Plaintiffs’ motion 

to compel filed at Dkt. No. 63. 

Second, the parties are taking the following positions on the discovery matters raised by 

Plaintiffs’ motion to compel filed at Dkt. No. 63.

1. All LVPD policy and/or operation manuals with forms signed by officers. 

Defendants’ counsel is under the impression that he produced everything in 

Defendants’ possession, but he is going to provide confirmation or supplemental 

information by Monday, April 17, 2023. 

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2. The complete LVPD personnel file, including disciplinary records, for each officer. 

Defendants’ counsel represented that all related documents in Defendants’

possession were produced to Plaintiffs’ counsel in recent supplemental production, so this 

matter is tentatively resolved. 

3. All complaints filed against each officer.

Defendants’ counsel represented that all related documents in Defendants’ 

possession were produced to Plaintiffs’ counsel in recent supplemental production, so this 

matter is tentatively resolved. 

4. All records related to Salvaggio’s termination from LVPD.

Defendants’ counsel agreed to produce supplemental information by Monday, 

April 17, 2023. 

5. Communications on auditors/cop-watchers/protestors/activists from May 2018.

Defendants’ counsel represented he is still reviewing emails for privilege and will 

supplement by Monday, April 17, 2023. Defendants’ counsel further represented that there 

are not any text messages, call records, dispatch logs, or other records of communication 

in Defendants’ possession due to the length of time that has passed. 

Plaintiffs still need to review the information that Defendants intend to supplement, 

but are tentatively evaluating addressing this issue in a future motion for a spoilation 

instruction since the parties were involved in related litigation since July 4, 2018, and 

Plaintiffs are of the position that responsive information should have been preserved.

6. Communications Salvaggio received on auditors/copwatchers/protestors/activists 

from 2017.

Same response as item 5 above. 

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7. All communications Salvaggio sent or received on auditors/copwatchers/protestors/ 

activists from Jan. 2018 - his termination.

Same response as item 5 above. 

8. Communications on Miller that officers received prior to his May 31, 2018, visit to 

Leon Valley City Hall.

Same response as item 5 above. 

9. Communications related to Miller’s two visits to the LV Municipal Building.

Same response as item 5 above. 

10. Communications related to Miller’s two visits to the LV Municipal Building that 

Salvaggio sent, including to other agencies.

Same response as item 5 above. 

11. Communications from 5/31/18 related to search/arrest warrants obtained.

Same response as item 5 above. 

12. Communications from 5/31/18 related to organizing the raid.

Same response as item 5 above. 

13. Communications related to the raid on 5/31/18-6/1/18 that Salvaggio sent, including 

to other agencies.

Same response as item 5 above. 

14. Cell phone records for any cell phone used during the incident.

Defendants’ counsel represented that there are not any cell phone records in 

Defendants’ possession due to the length of time that has passed, and the belief that cell 

phones and systems likely switched over sometime after the 2018 incident. 

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Plaintiffs are evaluating whether to raise this issue in a future motion for a 

spoilation instruction since the parties were involved in related litigation since July 4, 2018, 

and Plaintiffs are of the position that responsive information should have been preserved.

15. Surveillance footage from Miller’s two visits to the LV Municipal Building on 5/31/18.

Defendants’ counsel represented that this information is not in the Defendants’

possession. Plaintiffs are not aware of any basis to challenge this representation, so at this 

time, Plaintiffs consider this matter resolved.

16. Photos of all signage visible in/around the LV Municipal Building lobby on 5/31/18.

Defendants’ counsel represented that all related documents in Defendants’ 

possession were produced to Plaintiffs’ counsel in recent supplemental production, so this 

matter is tentatively resolved. 

17. All dash cam footage from the raid.

Defendants’ counsel represented that all related documents in Defendants’ 

possession were produced to Plaintiffs’ counsel in recent supplemental production, so this 

matter is tentatively resolved. 

18. All missing chain of evidence reports and forensic analyses.

Defendants’ counsel represented that all related documents in Defendants’ 

possession were produced to Plaintiffs’ counsel in recent supplemental production, so this 

matter is tentatively resolved. 

19. Salvaggio’s response to Miller’s RFPs.

Plaintiffs acknowledge receipt of Salvaggio’s responses to requests for production. 

Plaintiffs are still evaluating the objections made, and recognize that those objections were 

not part of Plaintiffs’ motion to compel currently before the Court.

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Respectfully Submitted,

GRABLE GRIMSHAW PLLC

/s/ Brandon J. Grable 

BRANDON J. GRABLE

Texas State Bar No. 24086983

brandon@g2.law

1603 Babcock Road, Suite 280

San Antonio, Texas 78229

Telephone: (210) 963-5297

Facsimile: (210) 641-3332

COUNSEL FOR PLAINTIFFS

Law Office of Charles S. Frigerio 

/s/ Charles S. Frigerio (w/ permission)

CHARLES S. FRIGERIO

csf@frigeriolawfirm.com 

Hector X. Saenz

hxs@frigeriolawfirm.com 

111 Soledad, Suite 465 

San Antonio, Texas 78205 

Telephone: (210) 271-7877 

Facsimile: (210) 271-0602 

COUNSEL FOR DEFENDANTS

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