Williams v. Bell et al

Filing 49

ORDER Denying Plaintiff's 45 48 Motion for Imposition of Sanctions Against Defendants signed by Magistrate Judge Stanley A. Boone on 07/17/2018. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN WESLEY WILLIAMS,

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Plaintiff,

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v.

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C. BELL, et al.,

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Defendants.

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Case No. 1:16-cv-01584-LJO-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR IMPOSITION OF SANCTIONS AGAINST
DEFENDANTS
[ECF Nos. 45, 48]

Plaintiff John Wesley Williams is appearing pro se in this civil rights action pursuant to 42
U.S.C. § 1983.
On July 12, 2018, and July 16, 2018, Plaintiff filed identical motions for the imposition of

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sanctions against Defendants. (ECF Nos. 45, 48.) Plaintiff seeks sanctions against Defendants have

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refused to respond to his informal discovery requests in order to prepare for the settlement conference

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scheduled for July 18, 2018, at 9:30 a.m. before United States Magistrate Judge Barbara A. McAuliffe.

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(ECF No. 48.)

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The Court construes Plaintiff’s request for sanctions for Defendants’ alleged failure to comply

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with discovery requests pursuant to Rule 37 of the Federal Rules of Civil Procedure, which

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“authorizes the district court, in its discretion, to impose a wide range of sanctions when a party fails

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to comply with the rules of discovery or with court orders enforcing those rules.” Wyle v. R.J.

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Reynolds Indus., Inc., 709 F.2d 585, 589 (9th Cir. 1983); see also Fed. R. Civ. P. 41(b); Local Rule

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110.

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“Sanctions may be warranted under Federal Rule of Civil Procedure 37(b)(2) for failure to

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obey a discovery order as long as the established issue bears a reasonable relationship to the subject of

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discovery that was frustrated by sanctionable conduct.” Navellier v. Sletten, 262 F.3d 923, 947 (9th

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Cir. 2001). Under Rule 37(b)(2), subsections (A) through (C), sanctions are “appropriate only in

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‘extreme circumstances’ and where the violation is ‘due to willfulness, bad faith, or fault of the

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party.’” Fair Housing of Marin v. Combs, 285 F.3d 899, 905 (9th Cir. 2002).

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On April 4, 2018, the Court referred this case to post-screening alternative dispute resolution,

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stayed the action for 120 days, and set a settlement conference before United States Magistrate Judge

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Barbara A. McAuliffe on July 18, 2018, at 9:30 a.m. (ECF No. 37.) In that order, the parties were

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advised that formal discovery was stayed, but the parties were free to engage in informal discovery to

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prepare for the settlement conference. (Id.)
Here, Plaintiff contends that he sought emails sent and received by Defendants during the

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relevant time frame regarding primary care clinician Dr. Amajoyi’s recommendations and Defendants

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responses thereto. More specifically that Defendants: “(1) explicitly instructed Plaintiff not to be

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referred for higher level of mental care despite Dr. Amajoyi recommendation; (2) explicitly instructed

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that Plaintiff be held at a lower level of mental health care at CSPC until this lawsuit resolved; and (3)

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explicitly instructed that no facts of the above be recorded in Plaintiff’s medical file notes and that

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such facts only be recorded and/or discussed by email to restrict Plaintiff’s access or disclose.” (Mot.

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at 3:5-17, ECF No. 48.)
Plaintiff has failed to meet his burden in demonstrating that imposition of sanctions is

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warranted in this instance. There is nothing before the Court that to demonstrate that the alleged

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misconduct by Defendants in failing to disclose the above information is relevant or has affected

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Plaintiff’s ability to efficiently participate in the settlement conference set for Wednesday, July 18,

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2018. Nor has Plaintiff demonstrated that the discovery sought is nonprivileged matter that is relevant

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to his claims. Fed R. Civ. P. 26(b)(1). Accordingly, Plaintiff’s motion for imposition of sanctions

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against Defendants is denied.

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IT IS SO ORDERED.

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Dated:

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July 17, 2018
UNITED STATES MAGISTRATE JUDGE

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