SAN DIEGO — During a civil court hearing Friday morning, a judge told Plaintiff Grecia Figueroa's attorneys they have one week to turn over all correspondence between her and former County Supervisor Nathan Fletcher.
Neither Fletcher nor Figueroa appeared in court for the hearing. Figueroa's attorney appeared virtually via Microsoft Teams.
"No photos have been provided, no videos have been provided and we're missing dozens and dozens of communications," said Fletcher's attorney, Sean McKaveney. "All that was included in the supplemental production were those screenshots that were incorporated into the complaint, that's all that was produced regarding the communications."
Fletcher's attorneys have said in court filings that it wants the entirety of their correspondence to be turned over because it will prove their interactions were consensual.
However, during Friday's hearing Figueroa's attorney, Zachary Freire-Avina said Fletcher's attorneys already have the documents they are requesting.
"Communications between the plaintiff and Fletcher, that's what they were looking for in the first set and that's what was produced. Everything that was in the plaintiff's custody and control with an indication that we've now learned most of that information is now actually the hands of Meta, who is Instagram, who has that information or Fletcher assuming he hasn't deleted," said Freire-Avina.
However, Judge Matthew C. Braner sided with Fletcher's attorneys.
In his tentative ruling he wrote :
"The requests seek relevant and discoverable documents; indeed, such documents are repeatedly referenced throughout plaintiff's complaint and go to the very core of her claims against defendant, and defendant's potential defenses to those claims."
The judge also noted the burden of proof is on the plaintiff.
He told Figueroa's attorneys if they don't produce the documents within a week they will be ordered by the court to pay $4,100 in sanctions.
Back in March, Figueroa filed a sexual misconduct lawsuit against MTS and Fletcher. Fletcher was MTS chair while she was employed there.
During Friday's hearing, there was a lot of back and forth about a protective order, essentially to prevent correspondence between Fletcher and Figueroa from being made public.
Figueroa's attorney said there were conference calls on this topic. Fletcher's attorney disagreed.
CBS 8 reached out to attorneys on both sides for comment. Fletcher's attorney declined. We are still waiting to hear back from Figueroa's attorney.
Watch Related: San Diego Board of Supervisors votes 4-0 calling for immediate resignation of Nathan Fletcher (April 11, 2023)