Brown v. Fambrough et al

Filing 58

ORDER Granting Plaintiff's Motion for Defendants to Lodge Discovery Evidence 41 ; Lodged Evidence Due Within Fourteen (14) Days; ORDER Denying Plaintiff's Motion for Stay of Summary Judgment 42 as Moot, signed by Magistrate Judge Dennis L. Beck on 9/8/11. (Gonzalez, R)

1
2
3

UNITED STATES DISTRICT COURT

4
EASTERN DISTRICT OF CALIFORNIA
5
6

THORNELL BROWN,

7

Plaintiff,

8
9

CASE NO. 1:09-CV-00573-DLB PC
ORDER GRANTING PLAINTIFF’S MOTION
FOR DEFENDANTS TO LODGE
DISCOVERY EVIDENCE (DOC. 41)

v.
JAWAYNE FAMBROUGH, et al.,

10

LODGED EVIDENCE DUE WITHIN
FOURTEEN (14) DAYS

Defendants.

11
/

ORDER DENYING PLAINTIFF’S MOTION
FOR STAY OF SUMMARY JUDGMENT AS
MOOT (DOC. 42)

12
13

Plaintiff Thornell Brown (“Plaintiff”) is a prisoner in the custody of the California

14

Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in

15

forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding

16

against Defendants Jawayne Fambrough, Jackson Copeland, V. Yates, Stephaine Amoako,

17

Jerome Peacock, and John Whitehead for violation of the Eighth Amendment. Pending before

18

the Court are: 1) Plaintiff’s motion for Defendants to lodge discovery evidence with the Court,

19

filed January 31, 2011, and 2) Plaintiff’s motion for stay of any summary judgment motion

20

pending resolution of Plaintiff’s discovery requests. Docs. 41, 42. Defendants filed a statement

21

of non-opposition on February 2, 2011. Doc. 43. The matter is submitted pursuant to Local Rule

22

230(l).

23

I.

Motion To Lodge Discovery

24

Plaintiff moves to lodge discovery with the Court, namely a DVD videotape of Plaintiff’s

25

injuries and statements concerning this case. Plaintiff appears to refer to a use-of-force interview

26

which occurred after the alleged excessive force incident at issue in this action. Plaintiff cites to

27

this interview in his pleadings. See Compl. ¶¶ 59-61, Doc. 1. Defendants do not oppose lodging

28

a copy of the use-of-force videotaped interview with the Court. Defs.’ Non-Opp’n 1:20-25.
1

1

Defendants request that they be permitted to submit a DVD copy of the interview.

2

Defendants have filed a motion for summary judgment on April 4, 2011. Plaintiff filed

3

his opposition on May 16, 2011. In Plaintiff’s opposition, Plaintiff cites to his complaint, which

4

includes a cite to this interview. In the interest of justice, the Court will grant Plaintiff’s motion

5

and require Defendants to lodge a DVD copy of this interview with the Court for adjudication of

6

Defendants’ motion for summary judgment.

7

II.

8
9

Motion To Stay Summary Judgment Pending Discovery
Plaintiff moves to stay any motion for summary judgment until Plaintiff’s discovery

disputes were resolved. Plaintiff had filed motions to compel on December 28, 2010. Docs. 38,

10

39. Plaintiff in effect filed a motion pursuant to Rule 56(d) of the Federal Rules of Civil

11

Procedure, which allows the Court to defer adjudication of a summary judgment motion until

12

discovery is taken. Plaintiff’s motion is moot on two grounds. First, no summary judgment

13

motion had been filed with the Court at the time Plaintiff filed the instant motion. Second, the

14

Court adjudicated Plaintiff’s motions to compel on April 18, 2011, denying Plaintiff’s motions.

15

Order, Doc. 53. Thus, Plaintiff’s Rule 56(d) motion is moot.

16

III.

Conclusion And Order

17

Based on the foregoing, it is HEREBY ORDERED that:

18

1.

19
20

Plaintiff’s motion to lodge discovery with the Court, filed January 31, 2011, is
GRANTED;

2.

Defendants are to lodge a DVD copy of the use-of-force videotaped interview

21

pertaining to this action with the Court within fourteen (14) days from the date of

22

service of this order; and

23

3.

24
25
26

Plaintiff’s motion to stay summary judgment pending discovery, filed January 31,
2011, is DENIED as moot.

IT IS SO ORDERED.
Dated:
3b142a

September 8, 2011

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

27
28
2