Patkins v. Alomari et al

Filing 38

ORDER OPENING Discovery Solely on Issue of Exhaustion of Administrative Remedies, signed by Magistrate Judge Jennifer L. Thurston on 4/12/16. ((Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID C. PATKINS,

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Plaintiff,
v.
ALOMARI, et al.,

Case No.: 1:14-cv-0674-LJO-JLT (PC)
ORDER OPENING DISCOVERY SOLELY ON
ISSUE OF EXHAUSTION OF
ADMINISTRATIVE REMEDIES
(Doc. 37)

Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. Plaintiff is proceeding on the First Amended Complaint against

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Defendants I. Vargas and T. Davies (“Defendants”) for retaliation in violation of the First

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Amendment. Defendants filed a motion for summary judgment asserting that Plaintiff failed to

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exhaust administrative remedies prior to filing suit. (Doc. 26.) Plaintiff requested copies of three

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specific inmate appeals, which was granted. (Doc. 29, 30.) Defendants thereafter withdrew their

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motion for summary judgment based on newly discovered evidence and filed a response noting that

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two of the three inmate appeals Plaintiff requested were not retained because they were screened out,

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but that the third, though screened out because of defects, was produced with various screening

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documents attached. (Doc. 33.) Plaintiff thereafter objected to Defendant’s response and production

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regarding the three requested inmate appeals and now requests that he be allowed to conduct discovery

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regarding his exhaustion efforts before Defendants file their new motion for summary judgment.

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(Doc. 37.) Defendants filed their renewed motion for summary judgment on the same day that

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Plaintiff signed his objections and request for discovery. (Doc. 34.)
Thus, discovery will be permitted solely on the issues raised in the dispositive motion and

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SHALL proceed as follows.

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1. Discovery requests shall be served by the parties pursuant to Federal Rule of Civil

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Procedure 5 and Local Rule 135 and shall only be filed when required by Local Rules 250.2, 250.3,

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and 250.4.

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2. Responses to written discovery requests shall be due 45 days after the request is first served.

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3. Responses to document requests shall include all documents within a party’s possession,

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custody, or control. Federal Rule of Civil Procedure 34(a)(1). Documents are deemed within a

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party’s possession, custody, or control if the party has actual possession, custody, or control thereof, or

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the legal right to obtain the property on demand.
4. The parties are limited to 25 interrogatories as permitted by Federal Rule of Civil Procedure

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33, 25 requests for admission made according to Federal Rule of Civil Procedure 36, and 25 requests

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to produce made according to Federal Rule of Civil Procedure 34. The parties are required to act in

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good faith during the course of discovery and are reminded that failure to do so may result in the

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imposition of sanctions.
5. To ensure that the responding party has 45 days after the request is first served to respond,

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discovery requests must be served at least 45 days before the discovery deadline. The parties may

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wish to serve discovery requests well in advance of the discovery deadline because all motions to

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compel must be filed on or before the discovery deadline.
6. Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), Defendants may depose Plaintiff

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and any other witness confined in a prison, by video1 or in person, upon condition that, at least 14 days

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before such a deposition, Defendants serve all parties with the notice required by Federal Rule of Civil

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Procedure 30(b)(1).
7. If disputes arise about the parties' obligations to respond to requests for discovery, the

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parties shall comply with all pertinent rules including Rules 5, 7, 11, 26, and 37 of the Federal Rules

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This permission is on the condition that it is consistent with prison policy and the prison has the needed equipment for the
video deposition.

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of Civil Procedure and Rules 110, 130, 131, 133, 135, 142, 144, and 230(l) of the Local Rules of

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Practice for the United States District Court, Eastern District of California. Unless otherwise ordered

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both Local Rule 251 and the requirement set forth in Federal Rules of Civil Procedure 26 and 37 that a

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party seeking relief from the court certify that he or she has in good faith conferred or attempted to

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confer with the other party or person in an effort to resolve the dispute prior to seeking court action

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shall not apply. However, voluntary compliance with this provision of Rules 26 and 37 is encouraged.

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A discovery motion that does not comply with all applicable rules will be stricken and may result in

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imposition of sanctions.

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Accordingly, it is HEREBY ORDERED, that:

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1. Plaintiff’s motion to be allowed to conduct discovery on the issue of exhaustion, filed

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April 11, 2016 (Doc. 37) is GRANTED and discovery shall be conducted within the

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parameters set forth herein;

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2. the deadline for completion of all discovery on Plaintiff’s exhaustion efforts is June 12,
2016; and

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3. Plaintiff’s opposition to Defendants’ motion for summary judgment is due July 12, 2016.

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IT IS SO ORDERED.
Dated:

April 12, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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