Smith v. Hutchinson et al
Filing
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ORDER granting in part Plaintiff's 45 Motion to Compel production of documents. ORDER directing Defendants to submit documents for in camera review. Filing Deadline: 12/13/2018. ORDER denying Misc. Motions 44 , 48 signed by Magistrate Judge Jeremy D. Peterson on 11/23/2018. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TOY TERRELL SMITH,
Plaintiff,
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Case No. 1:16-cv-01924-LJO-JDP
ORDER GRANTING IN PART
PLAINTIFF’S MOTION TO COMPEL
PRODUCTION OF DOCUMENTS
v.
J. TORRES, et al.,
ECF No. 45
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ORDER DIRECTING DEFENDANTS TO
SUBMIT DOCUMENTS FOR IN CAMERA
REVIEW
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14-DAY DEADLINE
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ORDER DENYING MISC MOTIONS
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ECF Nos. 44, 48
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Defendants.
Plaintiff is a state prisoner proceeding without counsel and in forma pauperis in this
civil rights action brought under 42 U.S.C. § 1983. On July 20, 2018, defendant J. Acebedo
moved for summary judgment. ECF No. 39. In support of the motion, defendant attached “as
Exhibit A . . . a true and correct copy of the relevant portions of the deposition transcript from
Plaintiff Toy Terrell Smith’s deposition taken on May 8, 2018, in Corcoran, California.” See
ECF No. 39-6 at 1. In accordance with this district’s local rules, defendants lodged a copy of
the deposition transcript on October 18, 2018. ECF No. 47.
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On October 15, 2018, plaintiff filed a motion to compel seeking production of: (1) the
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complete deposition transcript; and (2) a confidential inquiry report with respect to plaintiff’s
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administrative grievance against Counselors Hoggard and Torres. ECF No. 45. Defendants
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have indicated in a response to the motion to compel that: (1) they did not provide a copy of the
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deposition transcript because plaintiff is required to pay the court reporter to receive it; and
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(2) they did not produce the confidential inquiry report because it is protected by the official-
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information privilege and the contents of the report are not relevant. ECF No. 51 at 2.
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The court acknowledges that normally a deponent is required to pay “reasonable
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charges” to the deposition officer to obtain a copy of the deposition transcript. See Fed. R. Civ.
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P. 30(f)(3). But, considering plaintiff’s lack of resources as an indigent prisoner proceeding
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without counsel, the interests of justice in this case require that plaintiff be served with a
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complete copy of his deposition transcript. See Fed. R. Civ. P. 1 (the Federal Rules of Civil
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Procedure “should be construed, administered, and employed by the court and the parties to
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secure the just, speedy, and inexpensive determination of every action”). Accordingly,
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defendants are ordered to produce a copy of the complete deposition transcript and exhibits
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within 14 days of this order.
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The court will reserve ruling on production of the confidential inquiry report.
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Defendants are directed to submit the documents in question to the court for in camera review
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within 14 days of this order.
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Finally, plaintiff’s motion to request a telephonic discovery and status conference, ECF
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No. 44, is denied. The requested conference is not necessary at this time. Plaintiff’s motion for
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a copy of an order, ECF No. 48, is denied as moot because the requested relief has been
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granted. See ECF No. 50.
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ORDER
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Accordingly,
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Plaintiff’s motion to compel is granted in part. ECF No. 45.
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2.
Within 14 days of this order, defendants are ordered to:
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a. produce a copy of plaintiff’s complete deposition transcript and exhibits; and
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b. submit to the court for in camera review documents responsive to plaintiff’s
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request for production No. 6 withheld based on defendants’ privacy rights and
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official information privilege. See ECF No. 51-1 at 15-17. The documents
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may be submitted to jdporders@caed.uscourts.gov. No further argument shall
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be submitted unless specifically requested by the court.
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Plaintiff’s motion to request a telephonic discovery and status conference, ECF
No. 44, is denied.
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4.
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Plaintiff’s motion for a copy of an order, ECF No. 48, is denied as moot.
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IT IS SO ORDERED.
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Dated:
November 23, 2018
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UNITED STATES MAGISTRATE JUDGE
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