(PC) Brown v. Chothia et al

Filing 63

ORDER GRANTING 61 Motion for additional interrogatories signed by Magistrate Judge Erica P. Grosjean on 10/13/2020. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EUGENE C. BROWN,
Plaintiff,

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ORDER GRANTING MOTION FOR
ADDITIONAL INTERROGATORIES

v.

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Case No. 1:19-cv-00352-EPG (PC)

C. CHOTHIA, et al.,

(ECF NO. 61)
Defendants.

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Plaintiff, Eugene C. Brown, an inmate at the Sierra Conservation Center (“SCC”), is

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proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C.

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§ 1983. Plaintiff has filed a motion seeking to increase the number of interrogatories to

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defendants pursuant to Federal Rule of Civil Procedure 33(a)(1). (ECF No. 61.) Defendants

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oppose the motion, stating that Plaintiff has not shown good cause for the requested increase in

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the number of interrogatories. (ECF No. 62.) For the reasons set forth below, the Court will

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grant the motion.

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In the Court’s Scheduling Order, the Court ordered that “[a] party may serve on any

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other party no more than 15 interrogatories . . . . On motion, these limits may be increased for

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good cause.” (ECF No. 50 at 2.) Further, under Federal Rule of Civil Procedure 33, “[u]nless

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otherwise stipulated or ordered by the court, a party may serve on any other party no more than

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25 written interrogators, including all discrete subparts. Leave to serve additional

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interrogatories may be granted to the extent consistent with Rule 26(b)(1) and (2).” Fed. R. Civ.
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P. 33(a)(1).
Although a pro se litigant need not make a “particularized showing” that he is entitled

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to propound additional interrogatories, see McNeil v. Hayes, 2014 WL 1125014, at *2 (E.D.

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Cal. Mar. 20, 2014), he must nonetheless demonstrate good cause, see Fed. R. Civ. P. 26(b)(1).

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An incarcerated party’s highly limited ability to conduct a deposition in prison may contribute

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to a finding of good cause to file additional interrogatories. See McNeil, 2014 WL 1125014, at

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*2.

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Here, Plaintiff seeks leave to serve a total of 30 interrogatories on two of the defendants
named in this action – defendants Crutchfield and Jukes. This is 15 interrogatories over the

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limit imposed by the Court in the scheduling order and 5 interrogatories over the limit imposed

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by Federal Rule of Civil Procedure 33(a)(1). Plaintiff explains that he served a first set of 15

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interrogatories on all of the defendants named in the action regarding his Eighth Amendment

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claim and received responses thereto. (ECF No. 61 at 6.) Plaintiff then issued a second set of 15

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interrogators regarding his First Amendment claims to the only two defendants against whom

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he is bringing these claims – defendants Crutchfield and Jukes. (Id.) Because defendants

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Crutchfield and Jukes had already received and responded to the first set of 15 interrogatories

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regarding Plaintiff’s Eighth Amendment claim, they refused to respond to the second set of

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interrogatories, stating that the additional interrogatories violated the maximum number set out

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in the Court’s scheduling order. (Id.) Plaintiff then filed the motion for additional

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interrogatories, explaining that he seeks to increase in the number of interrogatories only for

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defendants Crutchfield and Jukes and only in relation to his First Amendment claim.

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Given that Plaintiff is not an attorney, some imprecision, duplication, and confusion can

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be expected in drafting and serving discovery, including interrogatories. It appears that Plaintiff

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may have believed that the limit on interrogatories was as to each claim rather than an overall

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limit. Further, Plaintiff's first set of interrogatories, and his proposed additional interrogatories

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appear to seek discoverable information, and Defendants have not claimed otherwise. The

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additional interrogatories also cannot be fairly described as unduly burdensome. Finally,

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depositions, which would relieve some of the pressure created by having to respond to
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interrogatories, are simply not a realistic option, as incarcerated pro se litigants are rarely in the

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position to conduct depositions and this case apparently presents no exception.

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There is no indication that Plaintiff has benefitted from a “wealth of discovery” in this

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case nor can the discovery that has apparently been propounded by Plaintiff be reasonably

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characterized as voluminous. Defendants’ desire to avoid further engagement in discovery is

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not a burden that outweighs the benefit to Plaintiff of obtaining this discovery. Therefore,

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Plaintiff's motion for leave to serve 15 additional interrogatories, set forth in his second set of

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interrogatories, on defendants Crutchfield and Jukes will be granted.

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IT IS ORDERED:
1. Plaintiff’s motion to increase Plaintiff’s interrogatories to defendants (ECF No. 61)

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is GRANTED.
2. Defendants Crutchfield and Jukes are directed to serve Plaintiff with their responses
to Plaintiff’s second set of interrogatories within forty-five (45) days of this order.

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IT IS SO ORDERED.
Dated:

October 13, 2020

/s/
UNITED STATES MAGISTRATE JUDGE

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