Dickson v. Gomez et al
Filing
71
ORDER REGARDING Plaintiff's 70 Motion to Compel and DIRECTING the Parties to Meet and Confer signed by Magistrate Judge Barbara A. McAuliffe on 5/24/2021. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CHRISTOPHER DICKSON,
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Plaintiff,
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v.
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GOMEZ, et al.,
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Case No. 1:17-cv-00294-DAD-BAM (PC)
ORDER REGARDING PLAINTIFF’S
MOTION TO COMPEL, AND DIRECTING
THE PARTIES TO MEET AND CONFER
(ECF No. 70)
Defendants.
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Plaintiff Christopher Dickson (“Plaintiff”) is a state prisoner proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds
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against Defendants Gomez, Rios, and Martinez for excessive force and against Defendants
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Duncan and Esparza for violations of Plaintiff’s due process rights.
On May 21, 2021, Plaintiff filed a motion for an order compelling discovery. (ECF No.
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70.)
Under this Court’s discovery and scheduling order, the parties are relieved of the
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requirement in Federal Rules of Civil Procedure 26 and 37, and Local Rule 251, to attempt to
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confer in good faith to resolve a discovery dispute prior to filing any motion to compel.
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Voluntary compliance is encouraged, but not required. The Court’s order further provides that
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the meet and confer requirement may be reimposed in any case that the Court deems it
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appropriate. (ECF No. 36.)
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Upon review of the motion to compel referenced above, the Court finds it appropriate to
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require the parties to engage in a meet and confer conference regarding their discovery dispute.
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Defense counsel is directed to contact Plaintiff by telephone, or to set-up an in-person meeting,
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regarding the parties’ discovery dispute within twenty-one (21) days of the date of this order.
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Briefing on the motion to compel is stayed during the meet and confer process, and the opposing
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party is relieved of their obligation to respond to the motion until further order of the Court.
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In conducting the meet and confer conference, the parties are reminded that they are
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required to act in good faith during the course of discovery. Complete, accurate, and truthful
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discovery responses are required. False or incomplete responses violate the Federal Rules of
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Civil Procedure and subject an offending party and/or counsel to sanctions. Boilerplate
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objections will not be tolerated and will be summarily overruled. Privileges are narrowly
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construed and are generally disfavored. Information not properly disclosed may be excluded
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from use at a hearing, motion, or trial.
Within seven (7) days of the parties’ conference, defense counsel shall file a Joint
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Statement regarding the meet and confer conference. All parties shall participate in the
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preparation of the Joint Statement, and must sign the Joint Statement. Electronic signatures are
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acceptable; a wet signature is not required.
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The Joint Statement shall set forth the following:
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(a) a statement that the parties met and conferred in good faith regarding the dispute, by
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phone or in-person, including the date(s) of the conference(s);
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(b) a statement explaining whether the motion to compel was resolved in full or in part
through the meet and confer process; and
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(c) if any issues from the motion remain unresolved, a statement referring the court to
each specific discovery request that is still at issue.
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Upon review of the Joint Statement, the Court shall issue a further order regarding the
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motion to compel. No additional filings may be made regarding the motion to compel unless and
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until ordered by the Court.
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Accordingly, IT IS HEREBY ORDERED that:
1. The parties are ordered to meet and confer regarding Plaintiff’s motion to compel, (ECF
No. 70), as outlined above;
2. Defendants are relieved of the obligation to respond to the motion to compel until further
order of the Court;
3. Within thirty (30) days of the date of service of this order, a Joint Statement shall be filed
in this matter as outlined above; and
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4. The parties are warned that the failure to meet and confer in good faith as set forth
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in this order, or to comply with any of its terms, will result in the imposition of
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sanctions, which may include dismissal of the action.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
May 24, 2021
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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