McCoy v. Kelso, et al.

Filing 193

ORDER DENYING Plaintiff's 168 Motion for an Order Compelling Disclosure or Discovery, signed by Magistrate Judge Stanley A. Boone on 10/29/19. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSEPH RAYMOND MCCOY,

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Plaintiff,
v.
STRONACH, et al.,

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Defendants.

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Case No.: 1:12-cv-000983-AWI-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR AN ORDER COMPELLING DISCLOSURE
OR DISCOVERY
[ECF No. 168]

Plaintiff Joseph Raymond McCoy is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s motion for an order compelling disclosure or
discovery, filed on September 27, 2019.

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I.

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BACKGROUND

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This action is proceeding against Defendants Stronach, Gonzales, LeMay, Beltran, Fisher,

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Snell and Tann for deliberate indifference to a serious medical need in violation of the Eighth

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Amendment.

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On April 25, 2019, the Court issued an amended scheduling order. (ECF No. 129.)

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As previously stated, on September 27, 2019, Plaintiff filed the instant motion for an order
compelling disclosure or discovery. Defendants filed an opposition on October 18, 2019.

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II.

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DISCUSSION

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Plaintiff is proceeding pro se and is a state prisoner challenging his conditions of confinement.

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As a result, the parties were relieved of some of the requirements which would otherwise apply,

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including initial disclosure and the need to meet and confer in good faith prior to involving the Court in

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a discovery dispute. Fed. R. Civ. P. 26(a)(1); Fed. R. Civ. P. 26(c); Fed. R. Civ. P. 37(a)(1); Local Rules

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240, 251; ECF No. 54, Discovery and Scheduling Order, &IV. Further, where otherwise discoverable

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information would pose a threat to the safety and security of the prison or infringe upon a protected

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privacy interest, a need may arise for the Court to balance interests in determining whether disclosure

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should occur. See Fed. R. Civ. P. 26(c); Seattle Times Co. v. Rhinehart, 467 U.S. 20, 35 n.21 (1984)

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(privacy rights or interests implicit in broad purpose and language of Rule 26(c)); Burlington N. & Santa

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Fe Ry. Co. v. United States Dist. Court for the Dist. of Montana, 408 F.3d 1142, 1149 (9th Cir. 2005)

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(discussing assertion of privilege); Soto v. City of Concord, 162 F.R.D. 603, 616 (N.D. Cal. 1995)

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(recognizing a constitutionally-based right of privacy that can be raised in discovery); see also Garcia

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v. Clark, No. 1:10-CV-00447-LJO-DLB PC, 2012 WL 1232315, at *6 n.5 (E.D. Cal. Apr. 12, 2012)

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(noting inmate=s entitlement to inspect discoverable information may be accommodated in ways which

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mitigate institutional safety concerns); Robinson v. Adams, No. 1:08-cv-01380-AWI-BAM PC, 2012

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WL 912746, at *2-3 (E.D. Cal. Mar. 16, 2012) (issuing protective order regarding documents containing

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information which implicated the safety and security of the prison); Orr v. Hernandez, No. CV-08-0472-

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JLQ, 2012 WL 761355, at *1-2 (E.D. Cal. Mar. 7, 2012) (addressing requests for protective order and

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for redaction of information asserted to risk jeopardizing safety and security of inmates or the institution

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if released); Womack v. Virga, No. CIV S-11-1030 MCE EFB P, 2011 WL 6703958, at *5-6 (E.D. Cal.

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Dec. 21, 2011) (requiring defendants to submit withheld documents for in camera review or move for a

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protective order).

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However, this is a civil action to which the Federal Rules of Civil Procedure apply. The

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discovery process is subject to the overriding limitation of good faith, and callous disregard of discovery
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responsibilities cannot be condoned. Asea, Inc. v. Southern Pac. Transp. Co., 669 F.2d 1242, 1246 (9th

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Cir. 1981) (quotation marks and citation omitted). “Parties may obtain discovery regarding any

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nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the

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case, considering the importance of the issues at stake in the action, the amount in controversy, the

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parties’ relative access to relevant information, the parties’ resources, the importance of the discovery

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in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely

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benefit.” Fed R. Civ. P. 26(b)(1).

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Generally, if the responding party objects to a discovery request, the party moving to compel

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bears the burden of demonstrating why the objections are not justified. Grabek v. Dickinson, No. CIV

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S-10-2892 GGH P, 2012 WL 113799, at *1 (E.D. Cal. Jan. 13, 2012); Womack, 2011 WL 6703958, at

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*3; Mitchell v. Felker, No. CV 08-119RAJ, 2010 WL 3835765, at *2 (E.D. Cal. Sep. 29, 2010); Ellis v.

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Cambra, No. 1:02-cv-05646-AWI-SMS PC, 2008 WL 860523, at *4 (E.D. Cal. Mar. 27, 2008). This

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requires the moving party to inform the Court which discovery requests are the subject of the motion to

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compel, and, for each disputed response, why the information sought is relevant and why the responding

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party=s objections are not meritorious. Grabek, 2012 WL 113799, at *1; Womack, 2011 WL 6703958,

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at *3; Mitchell, 2010 WL 3835765, at *2; Ellis, 2008 WL 860523, at *4. However, the Court is vested

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with broad discretion to manage discovery and notwithstanding these procedures, Plaintiff is entitled to

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leniency as a pro se litigant; therefore, to the extent possible, the Court endeavors to resolve his motion

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to compel on its merits. Hunt v. County of Orange, 672 F.3d 606, 616 (9th Cir. 2012); Surfvivor Media,

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Inc. v. Survivor Productions, 406 F.3d 625, 635 (9th Cir. 2005); Hallett v. Morgan, 296 F.3d 732, 751

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(9th Cir. 2002).

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Here, the discovery at issue is Plaintiff’s first set of interrogatories and requests to produce

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documents after the case was remanded from the Ninth Circuit. These discovery requests were

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propounded on Defendants on July 28, 2019. (Declaration of William McCaslin, Ex. A; ECF No.

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183.) Defendants timely responded to this set of discovery which included responsive documents and

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objections based on improper joinder of interrogatory questions and requests to produce documents for

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each of the discovery requests. (Id. Ex. B.)

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By way of the instant motion, Plaintiff again seeks “certified” copies of records. However, as

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stated in the Court’s August 22, 2019, order denying Plaintiff’s first motion to compel, “Plaintiff is

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advised signed discovery responses are themselves certifications to the best of the person’s

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knowledge, information, and belief formed after a reasonable inquiry … Defendants are required to

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supplement their discovery responses should they learn that their responses were incomplete or

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incorrect, if the incomplete or incorrect information has not otherwise been made known to Plaintiff.”

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(ECF No. 148, Order at 4 n. 2.) Plaintiff also makes vague reference to seek production of “public

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hazard, performance, and bid bonds.” (Pl’s Mot. at 4, ECF No. 168.) However, in addition to

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answering Plaintiff’s interrogatories, Defendants have produced duty statements responsive to

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Plaintiff’s requests for documentation. (Declaration of William McCaslin, Ex. B.) Therefore, it is not

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clear what further response or documents Plaintiff seeks, and Plaintiff’s current motion for an order

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compelling disclosure or discovery, filed on September 27, 2019, is DENIED. As this is Plaintiff’s

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third baseless motion seeking to compel further responses to discovery by Defendants, Plaintiff is

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cautioned that he should refrain from filing frivolous motions seeking items already in his possession,

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previously produced through discovery, or for which his discovery requests have already been

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satisfied.

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IT IS SO ORDERED.

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Dated:

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October 29, 2019
UNITED STATES MAGISTRATE JUDGE

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