(PC) Jones v. Pfeiffer et al

Filing 68

ORDER GRANTING 65 Motion for Clarification and Motion for Enlargement of Time signed by Magistrate Judge Helena M. Barch-Kuchta on 7/14/2021. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DYRELL WAYNE JONES,

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Plaintiff,
v.
J. WALINGA, ET. AL.,

Case No. 1:19-cv-00396-DAD-HBK
ORDER GRANTING MOTION FOR
CLARIFICATION AND MOTION FOR
ENLARGEMENT OF TIME
(Doc. No. 65)

Defendants.

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Pending before the Court is Defendants’ motion for clarification and supporting

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declaration of attorney Alice M. Segal. (Doc. Nos. 65, 65-1, “Motion”). The Motion seeks

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clarification of the Court’s June 25, 2021 Order (Doc. No. 62) and an enlargement of time to

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comply with the Court’s June 25, 2021 Order. (See generally Doc. No. 65).

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As background, the Court’s June 25 Order granted in part and denied in part Plaintiff’s

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motion to compel. (Doc. No. 62 at 6-7). To the extent Plaintiff’s motion to compel was granted,

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the June 25 Order directed Defendants to produce “any reports or complaints lodged against

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defendants for misconduct in their capacity as correctional officers from the date they began

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working at CDCR to the date of the alleged incident involving Plaintiff.” (Id. at 5). The deadline

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to produce the documents was fourteen days of the date on the order. (Id. at 6). Defendants’

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Motion seeks a sixty-day enlargement of time to the above-referenced deadline to produce the

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documents to Plaintiff, explaining that the Litigation Coordinator at Kern Valley State Prison is

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on vacation until July 19, 2021 and he is solely responsible for gathering the documents. (See

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Doc. No. 65 at 2-3; Doc. No. 65-1 at 2). Additionally, Defendants’ Motion seeks clarification as

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to whether Defendants may redact third-party inmates’ identifying information from the

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documents. (Doc. No. 65 at 3-5). Defendants submit that third-party inmates do not have any

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involvement in the facts underlying this case and have not consented to having their grievances

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released to the Plaintiff. (Id. at 4). Defendants further note that a review of the June 25 Order

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shows the substance of the production is directed at the facts contained in the grievances, not the

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identity of the inmate making the grievance. (Id. at 5). Defendants argue that the third-party

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inmates have an interest in confidentiality or face increased risk in an already dangerous

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environment given the content of the grievances. (Doc. No. 65 at 5; see also Doc. No. 65-1 at 2).
In his motion to compel, Plaintiff did not request the third-party inmates’ names. To the

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extent Defendants are concerned about disclosure of the third-party inmates’ identities in this

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production, the Court agrees that redaction of the inmates’ identities is proper. Lamon v. Adams,

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No. 1:09-cv-00205-LJO-SKO-PC, 2010 WL 4513405 *3 (E.D. Ca. Nov. 2, 2010). Indeed, the

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Court may limit the scope of discovery to protect the privacy interests of litigants and other third

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parties. Id. Additionally, the Court find Defendants have shown good cause to warrant a sixty-

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day enlargement of time to produce the relevant documents.

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Accordingly, it is ORDERED:

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1. Defendants’ motion for clarification (Doc. No. 65) is GRANTED and the third-parties

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inmates’ identities shall be redacted.
2. Defendants’ motion for an enlargement of time (Doc. No. 65) is GRANTED and

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Defendants shall produce the documents as directed in the June 25 Order, clarified by the instant

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order, on Plaintiff no later than September 17, 2021.

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Dated:

July 14, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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