Meadows v. Reeves, et al.

Filing 120

ORDER AFTER Telephonic Conference re: Discovery Dispute, signed by Magistrate Judge Jennifer L. Thurston on 12/28/16. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHANN MEADOWS, 12 13 14 Plaintiff, v. Case No. 1:11-cv-00257 JLT (PC) ORDER AFTER TELEPHONIC CONFERENCE RE: DISCOVERY DISPUTE DR. REEVES, 15 Defendant. 16 17 At the request of counsel for the plaintiff, the Court held an informal, telephonic 18 conference regarding discovery disputes. After discussion with counsel, the Court ORDERS: 19 1. No later than 5 p.m. on December 29, 2016, counsel for the defendant will lodge 20 via email to or via USPS or overnight mail the unredacted eight 21 pages of the investigation into the letter of instruction discussed at the conference for in camera 22 review and copies of the inmate complaints provided to counsel for the plaintiff. The purpose of 23 the review is to determine whether the 6 pages of the investigation not provided to plaintiff and 24 the identities of the inmate complainants should be disclosed. In making this determination, the 25 Court will proceed according to the scope of discovery set forth in Fed. R. Civ. P. 26; 26 2. No later than January 6, 2017, the CDCR SHALL provide to the parties an 27 amended response to the subpoena issued by the plaintiff and MAY NOT refuse to produce 28 documents merely because the documents were produced by a party. The CDCR is strongly 1 2 urged to provide a supplemental declaration more clearly setting forth whether the documents 3 described in category 1 of the subpoena exist and, if so, whether they will be produced or why 4 they will not be produced; 5 6 7 8 9 If upon receiving this amended response, the plaintiff is dissatisfied, she may file a motion to compel according to the requirements of Local Rule 251(c); 3. For purposes of clarity, the telephonic trial confirmation hearing, previously set on January 6, 2017 is VACATED (See Doc. 116 at 1 n. 1); 4. The parties are relieved of their obligation to provide the Court a status report 10 related to impediments to commencing trial. Rather, any such impediments should be raised as 11 soon as they are known and, as necessary, in the joint pretrial statement; 12 5. As to the request to amend the complaint, if the plaintiff chooses to proceed on a 13 motion, she SHALL address Rule 16 and Rule 15 in doing so. Likewise, she SHALL address 14 whether the issues raised in the proposed amendment could be raised via an independent action. 15 16 17 IT IS SO ORDERED. Dated: December 28, 2016 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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