Caruso v. Johnson et al

Filing 169

ORDER Following Hearing on Plaintiff's Motion for Sanctions, signed by Magistrate Judge Erica P. Grosjean on 7/26/19. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GINA CARUSO,

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Case No. 1:15-cv-00780-AWI-EPG (PC)

Plaintiff,

ORDER FOLLOWING HEARING ON
PLAINTIFF’S MOTION FOR SANCTIONS

v.
OFFICER G. SOLORIO, et al.,
Defendants.

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Gina Caruso (“Plaintiff”) is a state prisoner proceeding in forma pauperis in this civil

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rights action filed pursuant to 42 U.S.C. § 1983. On July 26, 2019, the Court held a hearing on

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Plaintiff’s motion for sanctions (ECF Nos. 155 & 160). Jenny Huang and Jessica Arena

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telephonically appeared on behalf of Plaintiff. Counsel Derrek Lee personally appeared on

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behalf of Defendants.

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For the reasons stated on the record at the hearing, IT IS ORDERED that:

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1. Defendants have until August 28, 2019, to make a reasonable search for the

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relevant incident report route slip, which was more fully described at the

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hearing. If they find the slip, they shall promptly produce it to Plaintiff. If they

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are unable to find the slip, they shall file a notice stating that they were unable to

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find it, and explaining their efforts to locate it.

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2. Defense counsel shall discuss the deposition testimony of defendant Ingram that
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is listed at 8:19-10:22 with defendant Ingram to determine whether defendant

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Ingram was speaking of any documents other than the draft incident report (ECF

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No. 162-6, pgs. 1-11) or the amended incident report (ECF No. 166-1, pgs. 9-

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28). Defense counsel has until August 28, 2019, to submit a declaration from

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defendant Ingram that describes the document(s) defendant Ingram was

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referring to in his deposition testimony.

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Additionally, in light of the Court’s order entered on May 1, 2018, which directed

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Defendants to “produce to Plaintiff original copies of the incident[] reports at issue” within

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fourteen days (ECF No. 75, p. 10), as well as defendant Ingram’s deposition testimony that the

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original incident report was located at the request of defense counsel in approximately July of

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2018 (ECF No. 162-13, pgs. 4-5), Defendants have until August 28, 2019, to file a supplement

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listing the date that Plaintiff was provided with the draft incident report in discovery (ECF No.

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162-6, pgs. 1-11). If the draft incident report was not produced in compliance with the deadline

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in the order entered on May 1, 2018, Defendants shall explain why they did not timely produce

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the report.

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IT IS SO ORDERED.

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Dated:

July 26, 2019

/s/

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UNITED STATES MAGISTRATE JUDGE

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