Jesse Washington v. Samuels

Filing 45

ORDER DENYING Plaintiff's Motion to Compel 37 , 39 , signed by Magistrate Judge Stanley A. Boone on 6/18/15. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESSE WASHINGTON,

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Plaintiff,

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v.
R. SAMUELS, et al.,

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Defendant.

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ORDER DENYING PLAINTIFF‟S MOTION
TO COMPEL
[ECF Nos. 37, 39]

pursuant to 42 U.S.C. § 1983.
This action is proceeding against Defendant R. Samuels for retaliation in violation of the First

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Case No.: 1:12-cv-01404-AWI-SAB (PC)

Plaintiff Jesse Washington is appearing pro se and in forma pauperis in this civil rights action

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Amendment.
On April 24, 2015, Plaintiff filed a motion to compel discovery. Defendant Samuels filed an

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opposition on May 15, 2015, and Plaintiff filed a reply on May 29, 2015. In accordance with the

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Court‟s June 2, 2015, order, Defendant filed a response to Plaintiff‟s reply on June 17, 2015. (ECF

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No. 44.)

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II.

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DISCUSSION

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A.

Legal Standard

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

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confinement.

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

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otherwise apply, including initial disclosure and the need to meet and confer in good faith prior to

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involving the Court in a discovery dispute. Fed. R. Civ. P. 26(a)(1); Fed. R. Civ. P. 26(c); Fed. R. Civ.

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P. 37(a)(1); Local Rules 240, 251; ECF No. 29, Discovery and Scheduling Order, &5. Further, where

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otherwise discoverable information would pose a threat to the safety and security of the prison or

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infringe upon a protected privacy interest, a need may arise for the Court to balance interests in

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determining whether disclosure should occur.

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Rhinehart, 467 U.S. 20, 35 n.21 (1984) (privacy rights or interests implicit in broad purpose and

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language of Rule 26(c)); Burlington N. & Santa Fe Ry. Co. v. United States Dist. Court for the Dist. of

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Montana, 408 F.3d 1142, 1149 (9th Cir. 2005) (discussing assertion of privilege); Soto v. City of

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Concord, 162 F.R.D. 603, 616 (N.D. Cal. 1995) (recognizing a constitutionally-based right of privacy

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that can be raised in discovery); see also Garcia v. Clark, No. 1:10-CV-00447-LJO-DLB PC, 2012

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WL 1232315, at *6 n.5 (E.D. Cal. Apr. 12, 2012) (noting inmate=s entitlement to inspect discoverable

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information may be accommodated in ways which mitigate institutional safety concerns); Robinson v.

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Adams, No. 1:08-cv-01380-AWI-BAM PC, 2012 WL 912746, at *2-3 (E.D. Cal. Mar. 16, 2012)

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(issuing protective order regarding documents containing information which implicated the safety and

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security of the prison); Orr v. Hernandez, No. CV-08-0472-JLQ, 2012 WL 761355, at *1-2 (E.D. Cal.

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Mar. 7, 2012) (addressing requests for protective order and for redaction of information asserted to

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risk jeopardizing safety and security of inmates or the institution if released); Womack v. Virga, No.

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CIV S-11-1030 MCE EFB P, 2011 WL 6703958, at *5-6 (E.D. Cal. Dec. 21, 2011) (requiring

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defendants to submit withheld documents for in camera review or move for a protective order).

See Fed. R. Civ. P. 26(c); Seattle Times Co. v.

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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

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discovery responsibilities cannot be condoned. Asea, Inc. v. Southern Pac. Transp. Co., 669 F.2d
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1242, 1246 (9th Cir. 1981) (quotation marks and citation omitted). Parties may obtain discovery

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regarding any nonprivileged matter that is relevant to any party=s claim or defense, and for good cause,

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the Court may order discovery of any matter relevant to the subject matter involved in the action. Fed.

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R. Civ. P. 26(b)(1) (quotation marks omitted). Relevant information need not be admissible at the trial

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if the discovery appears reasonably calculated to lead to the discovery of admissible evidence. Id.

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(quotation marks omitted).

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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

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

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

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

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

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2011 WL 6703958, at *3; Mitchell, 2010 WL 3835765, at *2; Ellis, 2008 WL 860523, at *4.

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However, the Court is vested with broad discretion to manage discovery and notwithstanding these

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procedures, Plaintiff is entitled to leniency as a pro se litigation; therefore, to the extent possible, the

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Court endeavors to resolve his motion to compel on its merits. Hunt v. County of Orange, 672 F.3d

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606, 616 (9th Cir. 2012); Surfvivor Media, Inc. v. Survivor Productions, 406 F.3d 625, 635 (9th Cir.

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2005); Hallett v. Morgan, 296 F.3d 732, 751 (9th Cir. 2002).

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B.

Motion to Compel

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1.

Request for Production of Documents

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A party may serve on any other party a request within the scope of Rule 26(b) to produce and

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permit the requesting party or its representative to inspect, copy, test, or sample the following items in

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the responding party=s possession, custody or control: any designated documents or tangible things.

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Fed. R. Civ. P. 34(a)(1) (quotation marks omitted). AProperty is deemed within a party=s >possession,

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custody, or control= if the party has actual possession, custody, or control thereof or the legal right to

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obtain the property on demand.@ Allen v. Woodford, No. CV-F-05-1104 OWW LJO, 2007 WL
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309945, *2 (E.D. Cal. Jan. 30, 2007) (citing In re Bankers Trust Co., 61 F.3d 465, 469 (6th Cir.

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1995)); accord Bovarie v. Schwarzenegger, No. 08cv1661 LAB (NLS), 2011 WL 719206, at *4 (S.D.

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Cal. Feb. 22, 2011); Evans v. Tilton, No. 1:07CV01814 DLB PC, 2010 WL 1136216, at *1 (E.D. Cal.

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Mar. 19, 2010).

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In responding to discovery requests, a reasonable inquiry must be made, and if no responsive

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documents or tangible things exist, Fed. R. Civ. P. 26(g)(1), the responding party should so state with

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sufficient specificity to allow the Court to determine whether the party made a reasonable inquiry and

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exercised due diligence, Uribe v. McKesson, No. 08cv1285 DMS (NLS), 2010 WL 892093, at *2-3

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(E.D. Cal. Mar. 9, 2010). If responsive documents do exist but the responsive party claims lack of

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possession, control, or custody, the party must so state with sufficient specificity to allow the Court (1)

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to conclude that the responses were made after a case-specific evaluation and (2) to evaluate the merit

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of that response. Ochotorena v. Adams, No. 1:05-cv-01525-LJO-DLB (PC), 2010 WL 1035774, at

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*3-4 (E.D. Cal. Mar. 19, 2010).

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objections do not suffice. Fed. R. Civ. P. 34(b)(2)(B), (C); Burlington N. & Santa Fe Ry. Co., 408

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F.3d at 1149.

As with previously discussed forms of discovery, boilerplate

Plaintiff’s Request for Production of Documents No. 2

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a.

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“Any and All documentation relevant to Defendant‟s R. Samuels‟ Post Job Order from October

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20, 2010 thru August 2011, while he was employed as Correctional Officer at Facility „B‟, Kern

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Valley State Prison (KVSP).”

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b.

Defendant Samuels Initial Response:

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Defendant Samuels objects to Request No. 2 on the grounds that it is overbroad, burdensome,

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and not calculated to lead to the discovery of admissible evidence. The request also seeks information

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that is deemed confidential under Cal. Code Regs. tit. 15, § 3321, the disclosure of which could: (1)

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endanger the safety of other inmates and staff of the CDCR, or: (2) jeopardize the security of the

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institution. Additionally, the production of confidential information is improper on the grounds that an

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inmate shall not have access to information designated confidential. Cal. Code Regs. tit. 15, §

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3370(d). For these reasons, Defendant Samuels shall not produce documents responsive to this

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request.
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Notwithstanding these objections, and without waiving these objections, Defendant Samuels

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produces the applicable Post Order in effect for Search and Escort Officers at Kern Valley State Prison

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during the requested period, bates stamped as AG POS – 5- 7.
Plaintiff’s Motion to Compel Further Response

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c.

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Plaintiff seeks a further response as to Defendant Samuels‟ Post Job Order for the three days he

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was assigned to KVSP, Facility B Building No. 7 during the day of incident on January 17, 2011, and

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his continued assignment on January 24 and 31, 2011.
Defendant’s Response

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d.

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Defendant submits that the request is unduly overbroad, burdensome, and not calculated to

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lead to the discovery of admissible evidence in that it seeks any and all documentation relevant to

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Defendant Samuels‟ Post Job Order for the requested period, which could be interpreted to include

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documents containing information concerning all policies, procedures, and practices related to the

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composition and approval of the relevant Post Order, rather than limiting the request to Defendant

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Samuels‟ actual Post Order for the requested period, October 20, 2010, through August 2011.
This Request, interpreted broadly, could also be read as seeking documents which raise the

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issue of confidentiality under Cal. Code Regs. tit., § 3321, the disclosure of which could: (1) endanger

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the safety of other inmates and staff of the CDCR, or (2) jeopardize the security of the institution.

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Additionally, the production of confidential information is improper on the grounds that an inmate

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shall not have access to information designated confidential. Cal Code. Regs. tit. 15, § 3370(d).

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Notwithstanding these objections, Defendant Samuels interpreted Plaintiff‟s request as seeking

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the Post Order applicable to his position as Kern Valley State Prison Search and Escort Officer for the

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period between October 20, 2010, and August, 2011. In response Defendant Samuels provided a

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redacted copy of this exact document: the Post Order applicable to Kern Valley State Prison Search

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and Escort Officers during the requested period. (Exhibit A.) As the objections asserted by Samuels

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are valid, and Samuels submitted a good faith response to this Request for Production of Documents

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which complied with Plaintiff‟s request to this Request for Production of Documents, the Court should

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deny Plaintiff‟s motion to compel a further response to Request for Production Number 2.

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Defendant’s Supplemental Response

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e.

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Upon review of Plaintiff‟s reply, an additional search was made to determine whether there

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existed any additional or temporary Post Orders applicable to Defendant Samuels for the dates cited in

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Plaintiff‟s reply: January 17th, 24th, or 31st, 2011. As a result of this search, it was determined that on

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January 24th and 31st, 2011, Defendant Samuels served as a Floor Officer, as opposed to his usual

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position as Search and Escort Officer. On June 17, 2015, Defendant Samuels served Plaintiff with a

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supplemental response to the relevant discovery request which included copies of the Post Orders

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applicable to those temporary assignments. (ECF No. 44.)
f.

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Ruling

In light of Defendant‟s initial and supplemental responses, Plaintiff‟s motion to compel a

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further response shall be denied. Defendant initially interpreted Plaintiff‟s request as seeking the Post

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Order applicable to Defendant‟s position as Kern Valley State Prison Search and Escort Officer for the

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period between October 20, 2010, and August 2011, which Defendants provided. Upon further review

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and clarification, Defendant has now provided a supplemental response to Plaintiff‟s request for the

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job assignments on January 24th and January 31st, 2011, which includes copies of the Post Orders

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applicable to those temporary assignments. Accordingly, Plaintiff‟s motion to compel a further

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response shall be DENIED.

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IT IS SO ORDERED.

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Dated:

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June 18, 2015
UNITED STATES MAGISTRATE JUDGE

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