Harper v. California Prison Industry Authority et al

Filing 51

ORDER Following Hearing, signed by Magistrate Judge Erica P. Grosjean on 6/14/19. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JASON HARPER,
Plaintiff,

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Case No. 1:17-cv-01717-LJO-EPG (PC)
ORDER FOLLOWING HEARING

v.
JEFF BLAZO,
Defendant.
Jason Harper (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action filed pursuant to 42 U.S.C. § 1983.
On June 14, 2019, the Court held a hearing on Plaintiff’s motion to compel (ECF No.

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35). Plaintiff telephonically appeared on his own behalf. Counsel William McCaslin

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telephonically appeared on behalf of Defendant.

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

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1. Defense counsel shall promptly contact the Court’s Alternate Dispute Resolution

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Coordinator, Sujean Park ([e-mail]), to schedule a settlement

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conference.

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2. If the case fails to settle at the settlement conference, within three weeks after the

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date of the settlement conference Defendant shall make a supplemental submission

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regarding the following:

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a. The date that Defendant submitted documents to the Court for in camera

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review;

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b. Whether Defendant or the California Department of Corrections and

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Rehabilitation have any responsive documents to Plaintiff's requests for

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production numbers 2, 3, 4, and 5 regarding documents related to any

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Cal/OSHA investigations. Counsel agreed Defendants would not limit the

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response to request Number 2 based on whether any inspection was a

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“surprise.” The Court notes the legal obligations to preserve Cal/OSHA

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investigation documents set forth in Cal. Code Regs, tit. 8, section 5189; and

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c. Legal authority supporting Defendant’s decision to withhold witness

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statements related to the incident, in light of Woodford v. Ngo, 548 U.S. 81,

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95 (2006) (“proper exhaustion improves the quality of those prisoner suits

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that are eventually filed because proper exhaustion often results in the

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creation of an administrative record that is helpful to the court. When a

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grievance is filed shortly after the event giving rise to the grievance,

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witnesses can be identified and questioned while memories are still fresh,

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and evidence can be gathered and preserved.”).

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IT IS SO ORDERED.
Dated:

June 14, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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