Torres v. Diaz et al

Filing 86

ORDER regarding Plaintiff's requests for additional discovery to oppose Defendants' Motion for Summary Judgment 61 ; 72 signed by Magistrate Judge Stanley A. Boone on 7/16/2015. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JUAN MATIAS TORRES,

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Plaintiff,
v.
RALPH M. DIAZ, et al.,
Defendants.

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Case No.: 1:14-cv-00492-AWI-SAB (PC)
ORDER REGARDING PLAINTIFF‟S REQUESTS
FOR ADDITIONAL DISCOVERY TO OPPOSE
DEFENDANTS‟ MOTION FOR SUMMARY
JUDGMENT
[ECF Nos. 61, 72]

Plaintiff Juan Matias Torres is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
Now pending before the Court is Plaintiff‟s motions for additional discovery to oppose

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Defendants‟ pending motion for summary judgment, filed May 26, 2015, and June 1, 2015,

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respectively. (ECF Nos. 61, 72.) The Court construes Plaintiff‟s motions as made under Federal Rule

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of Civil Procedure 56(d). Defendants filed an opposition on June 22, 2015. (ECF No. 76.) The

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motion is now deemed submitted to the Court for review. Local Rule 230(l).

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I.

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PROCEDURAL HISTORY

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On February 5, 2015, the Court issued its discovery and scheduling order, setting the deadline

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for exhaustion motions as May 5, 2015. (ECF No. 32.) On or about March 16, 2015, defense counsel

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received Plaintiff‟s first set of interrogatories and requests for production. (ECF No. 43 at 2.)
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Defendants sought an extension of time until May 26, 2015 to respond to Plaintiff‟s discovery

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requests, anticipating a response would be filed prior to May 26, 2015. (Id. at 4.) The Court granted

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Plaintiff‟s request for an extension on April 22, 2015. (ECF No. 44.) On or about April 16, 2015,

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defense counsel received Plaintiff‟s second set of requests for production. (ECF No. 60 at 2.)
On May 5, 2015, Defendants Arnold, R. Garza, Harris, and Pallares moved for summary

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judgment on the grounds that Plaintiff failed to exhaust the administrative remedies. (ECF No. 47.)

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On May 7, 2015, Defendants moved for a protective order seeking a stay of all merits-based discovery

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pending the outcome of the motion for summary judgment. (ECF No. 50.)
On May 22, 2015, Defendant Fernandez moved for judgment on the pleadings on the ground

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that Plaintiff‟s claims against him are barred by res judicata. (ECF No. 58.) Defendant Fernandez

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also joined in Defendants‟ motion for a protective order to stay all merits-based discovery pending the

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outcome of his motion. (ECF No. 59.) The Court granted Defendants‟ motion for a protective order

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staying all merits-based discovery on May 27, 2015. (ECF No. 63.) All Defendants, except B. Garza,

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then requested a second extension of time to respond to Plaintiff‟s interrogatories and both sets of

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requests for production of documents. (ECF No. 60.) Defense counsel indicated that Defendant B.

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Garza was not seeking an extension of time and would respond to Plaintiff‟s discovery requests. (Id.

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at 3.) Defendant B. Garza served her responses to Plaintiff‟s discovery requests that same day. (ECF

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No. 76, Declaration of Erick J. Rhoan ¶ 2.) Plaintiff received Defendant B. Garza‟s responses on May

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28, 2015. (Id., Declaration of M. Kimbrell ¶ 6, Ex. A.)
On May 26, 2015, Plaintiff filed a motion to deny or stay Defendants‟ motion for summary

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judgment pending a response to his discovery requests. (ECF No. 61.) On June 1, 2015, Plaintiff filed

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a motion requesting additional discovery to oppose Defendants‟ motion for summary judgment.1

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(ECF No. 72.)

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On June 26, 2015, Plaintiff filed an opposition to Defendants‟ motion for summary judgment for failure to exhaust the
administrative remedies. (ECF No. 78.)

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II.

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DISCUSSION

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A.

Legal Standard

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Rule 56(d) provides that “[i]f a nonmovant shows by affidavit or declaration that, for specified

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reasons, it cannot present facts essential to justify its opposition, the court may: (1) defer considering

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the motion or deny it; (2) allow time to obtain affidavits or declarations or to take discovery; or (3)

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issue any other appropriate order.” Fed. R. Civ. P. 56(d). In seeking relief under Rule 56(d), Plaintiff

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bears the burden of specifically identifying relevant information, where there is some basis for

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believing that the information actually exists, and demonstrating that the evidence sought actually

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exists and that it would prevent summary judgment. Blough v. Holland Realty, Inc., 574 F.3d 1084,

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1091 n.5 (9th Cir. 2009) (quotation marks and citation omitted); Getz v. Boeing Co., 654 F.3d 852,

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867-868 (9th Cir. 2011); Tatum v. City and County of San Francisco, 441 F.3d 1090, 1100-1101 (9th

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Cir. 2006).
Plaintiff’s Motions

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B.

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Plaintiff seeks two discovery items to successfully oppose Defendants‟ motion for summary

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judgment for failure to exhaust administrative remedies: (1) the confidential inquiry generated by

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inmate appeal Log No. SATF-Z-12-00326; and (2) documents pertaining to his Rules Violation Report

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(RVR) hearing and the Investigative Employee (IE) Report. (ECF Nos. 61 at 1- 2; 72 at 1-2.)

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Defendants argue that these documents do not have anything to do with whether he properly
exhausted his administrative remedies, and Plaintiff‟s request should be denied.

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1.

Confidential Inquiry in Relation to Log No. SATF-Z-12-00236

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Plaintiff seeks any and all documents and outcome pertaining to the confidential inquiry

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conducted by SATF staff in regard to the December 28, 2011 incident and inmate appeal, Log No.

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SATF-2-12-00236.

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Defendants argue that Plaintiff‟s request does not contain specific reasons why these

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documents are necessary to refute the argument in their motion for summary judgment that Plaintiff

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did not name a Defendant in the initially submitted appeal and such document is irrelevant to the

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pending exhaustion motion. Defendants also argue that these documents are confidential and cannot

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be provided to inmates.

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Defendants submit that Plaintiff‟s inmate appeal Log No. SATF-Z-12-00236 “was investigated

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and Plaintiff did not provide the investigator with the names and/or identities of any staff member

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involved in the incident. Only when the confidential inquiry was conducted were staff members

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identified, including Defendants. The appeal was later denied at the Third Level of Review. (ECF

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No. 76, Defs.‟ Opp‟n at 3.) (citations omitted.)

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Because the confidential inquiry may bear some relevancy on the determination of whether
Plaintiff exhausted the administrative remedies, the Court finds the proper procedure is to order

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Defendants to produce the documentation for review in camera by the Court given the confidential

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nature of such inquiry. It does not appear that Plaintiff is in need of such documentation given that he

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is aware of the nature of the contents of such documentation as bearing on the identity of the

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Defendants named therein. Accordingly, Defendants will be directed to submit the confidential appeal

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inquiry conducted by SATF staff in relation to Plaintiff‟s inmate appeal Log No. SATF-Z-12-00236.

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2.

Documents in Relation to Rules Violation Report Hearing or Investigate Employee
Report

Plaintiff seeks to obtain documents pertaining to his Rules Violation Report (RVR) hearing

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and the Investigative Employee (IE) Report. Plaintiff seeks any and all documents pertaining to the IE

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report and the rules violation hearing in relation to RVR-C-11-12-041. Plaintiff requests a “copy of

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the „actual hand written document‟ that Plaintiff had handed to defendant M. Pallares during the 115

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hearing on 9/4/12.” (ECF No. 61, Mot. at 1:25-28.)

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Defendants argue that Plaintiff fails to establish how any document relating to an RVR hearing

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or IE report would effect his ability to exhaust his administrative remedies. Defendants further submit

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that “Defendant B. Garza had already produced a copy of Plaintiff‟s Rules Violation Report, Log No.

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C-11-12-041, which includes the IE report, and is currently Bates numbered at DEF POD 1-20.

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(Rhoan Decl. ¶ 3.)” (ECF No. 76, Defs.‟ Opp‟n at 5:13-15.) Plaintiff received such documents on

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May 28, 2015. (ECF No. 76, Rhoan Decl. ¶ 3; Kimbrell Decl. ¶6.)

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Plaintiff‟s request for such documentation as necessary to oppose Defendants‟ exhaustion

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motion must be denied. Because Defendant B. Garza has provided Plaintiff with the Rules Violation

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Report which includes the IE report, and Plaintiff has subsequently filed an opposition to Defendants‟

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exhaustion motion, his request for such documentation and delay of ruling on the motion is DENIED.

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III.

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ORDER

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Based on the foregoing, it is HEREBY ORDERED that:

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1.

Within twenty-one (21) days from the date of service of this order, Defendants shall
submit the confidential inquiry conducted by SATF staff in relation to Plaintiff‟s

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inmate appeal Log No. SATF-Z-12-00236; and

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2.

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Plaintiff‟s request for a copy of the Rules Violation Report and IE report is DENIED.

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IT IS SO ORDERED.

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Dated:

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July 16, 2015
UNITED STATES MAGISTRATE JUDGE

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