Parsons et al v. Ryan et al

Filing 3691

ORDER as to 3686 MOTION to Enforce Court's Order 3635 : IT IS THEREFORE ORDERED that Defendants must respond to Plaintiffs' Motion to Enforce no later than Monday August 17, 2020. Plaintiffs may file a reply no later than Wedne sday August 19, 2020. IT IS FURTHER OREDERED that Defendants must show cause in their response to the Motion to Enforce why they should not be required to pay Plaintiffs' reasonable attorneys' fees incurred in its efforts to gain compliance with the June 19, 2020 Order. IT IS FURTHER ORDERED that Defendants cannot avoid filing their response by providing the required information to Plaintiffs. Signed by Senior Judge Roslyn O Silver on 8/13/2020. (CLB)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Victor Antonio Parsons, et al., Plaintiffs, 10 11 ORDER v. 12 No. CV-12-00601-PHX-ROS David Shinn, 13 Defendants, et al. 14 15 Plaintiffs seek to enforce the Court’s June 19, 2020 Order directing that 16 Defendants produce certain documents within seven days (Doc. 3686, ref. 3635). Among 17 other documents, the Court directed Defendants to produce documents responsive to the 18 following request for production: 19 20 21 RFP 134 (12/16/19) – Documents sufficient to show average length of stay for prisoners in maximum custody units, including the average length of stay in Step 1, Step 2, and Step 3 under DI 326/DO 812. 22 This information is crucial for determining whether prisoners can progress through 23 ADC’s Maximum Custody Step Program Matrix and earn additional out-of-cell time. 24 The Stipulation explicitly requires Defendants to implement and administer the Step 25 Program Matrix. (Doc. 1185 at 9). And the Stipulation grants Plaintiffs access to the 26 documents “necessary to properly evaluate whether Defendants are complying” with their 27 obligations. (Doc. 1185 at 12). 28 Despite the Court’s order for Defendants to produce the documents within seven Even now, nearly two months later, Defendants’ 1 days, Defendants did not do so.1 2 production remains incomplete. 3 produced data about the average length of stay at each step. Further, according to 4 Plaintiffs, the information Defendants have produced is internally inconsistent and 5 opaque such that Plaintiffs cannot verify its accuracy. Defendants attempted to persuade 6 Plaintiffs to wait before filing this motion. But because Plaintiffs’ Reply to their Motion 7 to Enforce the Maximum Custody PMs is due on August 20, 2020, and these documents 8 are crucial to finish its preparation, they moved ahead. Specifically, Plaintiffs allege Defendants have not 9 The fact of nondisclosure after 54 days is concerning. Compounding that failure is 10 that the records Defendants have produced have been obviously unreliable. That raises 11 concerns how Defendants collect data, keep records, and justify their representations to 12 Plaintiffs and the Court. 13 IT IS THEREFORE ORDERED that Defendants must respond to Plaintiffs’ 14 Motion to Enforce no later than Monday August 17, 2020. Plaintiffs may file a reply no 15 later than Wednesday August 19, 2020. 16 IT IS FURTHER OREDERED that Defendants must show cause in their 17 response to the Motion to Enforce why they should not be required to pay Plaintiffs’ 18 reasonable attorneys’ fees incurred in its efforts to gain compliance with the June 19, 19 2020 Order. 20 IT IS FURTHER ORDERED that Defendants cannot avoid filing their response 21 by providing the required information to Plaintiffs. 22 Dated this 13th day of August, 2020. 23 24 25 Honorable Roslyn O. Silver Senior United States District Judge 26 27 28 1 Plaintiffs also allege that Defendants did not initially respond to RFP 138 but eventually complied with the Order on August 7, 2020, 49 days after the Court’s Order. -2-

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