Ford v. Wildey et al
Filing
119
ORDER Denying Plaintiff's Motion To Compel And Motion For Sanctions (ECF No. 116 ), signed by Magistrate Judge Stanley A. Boone on 5/6/2015. (Fahrney, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BENNY FORD,
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Plaintiff,
v.
G. WILDEY, et al.,
Defendants.
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Case No.: 1:10-cv-01024-LJO-SAB (PC)
ORDER DENYING PLAINTIFF‟S MOTION TO
COMPEL AND MOTION FOR SANCTIONS
[ECF No. 116]
Plaintiff Benny Ford is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
On April 22, 2015, Plaintiff filed a motion to compel enforcement of the Court‟s March 23,
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2015, order which directed Defendants to provide Plaintiff a redacted copy of the confidential appeal
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inquiry submitted to the Court for in camera review. (ECF No. 111.) Defendants filed a response to
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Plaintiff‟s motion on April 27, 2015, and Plaintiff filed a reply on May 6, 2015. (ECF Nos. 117, 118.)
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The motion is now submitted to the Court for review. Local Rule 230(l).
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I.
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DISCUSSION
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Counsel for Defendants submits that she prepared a redacted copy of the Confidential Appeal
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Inquiry, but due to counsel‟s other obligations, inadvertently failed to provide the redacted copy to
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Plaintiff. (ECF No. 117, Bajwa Decl. ¶ 2.) Counsel for Defendants was not alerted of this failure until
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counsel received Plaintiff‟s instant motion to compel enforcement of the Court‟s March 23, 2015,
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order. (ECF No. 111.) Defendants oppose Plaintiff‟s request for imposition of sanctions based on
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counsel‟s inadvertent error and the fact Defendants have now provided a redacted copy of the appeal
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inquiry to Plaintiff.
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Rule 37 of the Federal Rules of Civil Procedure “authorizes the district court, in its discretion,
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to impose a wide range of sanctions when a party fails to comply with the rules of discovery or with
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court orders enforcing those rules. Wyle v. R.J. Reynolds Indus. Inc., 709 F.2d 585, 589 (9th Cir.
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1983) (citing Nat‟l Hockey League v. Metro. Hockey Clubs, 427 U.S. 639, 643 (1976)). The Court
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may issue any “just order” including the following:
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(i) directing that the matters embraced in the order or other designated claims or defenses, or
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from introducing designated matters in evidence;
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(ii) prohibiting the disobedient party from supporting or opposing designated claims or
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defenses, or from introducing designated matters in evidence;
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(iii) striking pleadings in whole or in part;
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(iv) staying further proceedings until the order is obeyed;
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(v) dismissing the action or proceedings in whole or in part;
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(vi) rendering a default judgment against the disobedient party; or
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(vii) treating as contempt of court the failure to obey any order except an order to submit to a
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physical or mental examination.
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Fed. R. Civ. P. 37(b)(2)(A). “In the Ninth Circuit, sanctions are appropriate only in „extreme
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circumstances‟ and where the violation is „due to willfulness, bad faith, or fault of the party.‟” Fair
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Housing of Marin v. Combs, 285 F.3d 899, 905 (9th Cir. 2002) (quoting United States v. Kahaluu
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Construction Co., Inc., 857 F.2d 600, 603 (9th Cir. 1988) (citations omitted)).
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In this instance, there is no evidence before the Court that counsel‟s initial failure to comply
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with the Court‟s order to provide Plaintiff a copy of the inquiry appeal was willful or done in bad faith,
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and there is no dispute that when counsel realized the mistake, Plaintiff was provided a copy of the
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document. Thus, on this record, the Court cannot find that counsel‟s conduct warrants imposition of
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sanctions under Rule 37, and Plaintiff‟s motion shall be denied.
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II.
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ORDER
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Based on the foregoing, it is HEREBY ORDERED that:
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Plaintiff‟s motion for enforcement of the Court‟s March 23, 2015, order is DENIED as
MOOT; and
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2.
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Plaintiff‟s motion for imposition is DENIED.
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IT IS SO ORDERED.
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Dated:
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May 6, 2015
UNITED STATES MAGISTRATE JUDGE
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