(PC) Allen v. Dean et al

Filing 47

ORDER Requiring Parties to Exchange Documents, signed by Magistrate Judge Erica P. Grosjean on 09/16/2022. (Case Management Deadline:60-Day Deadline )(Martin-Gill, S)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9
10

JAMES D. ALLEN, aka LLORD J.P.
ALLEN,

13
14
15
16

ORDER REQUIRING PARTIES TO
EXCHANGE DOCUMENTS

Plaintiff,

11
12

Case No. 1:21-cv-01150-JLT-EPG (PC)

v.
RASHUAN Q. DEAN,
Defendant(s).
James D. Allen (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights
action filed pursuant to 42 U.S.C. § 1983.

17

On August 10, 2022, the Court issued an order requiring the parties to file scheduling

18

and discovery statements. (ECF No. 42). The parties have now filed their statements. (ECF

19

Nos. 43 & 44).

20

The Court has reviewed this case and the parties’ statements. In an effort to secure the

21

just, speedy, and inexpensive disposition of this action,1 the Court will direct that certain

22

documents that are central to the dispute be promptly produced.2

23
24
25
26
27
28

1
See, e.g., United States v. W.R. Grace, 526 F.3d 499, 508-09 (9th Cir. 2008) (“We begin with the
principle that the district court is charged with effectuating the speedy and orderly administration of justice. There
is universal acceptance in the federal courts that, in carrying out this mandate, a district court has the authority to
enter pretrial case management and discovery orders designed to ensure that the relevant issues to be tried are
identified, that the parties have an opportunity to engage in appropriate discovery and that the parties are
adequately and timely prepared so that the trial can proceed efficiently and intelligibly.”).
2
Advisory Committee Notes to 1993 Amendment to Federal Rules of Civil Procedure regarding Rule
26(a) (“The enumeration in Rule 26(a) of items to be disclosed does not prevent a court from requiring by order or
local rule that the parties disclose additional information without a discovery request.”).

1

1

Accordingly, IT IS ORDERED that:

2

1. Each party has sixty days from the date of service of this order to serve opposing

3

parties, or their counsel, if represented, with copies of the following documents

4

and/or evidence that they have in their possession, custody, or control, to the

5

extent the parties have not already done so:3
a. Documents regarding exhaustion of Plaintiff’s claim, including 602s,

6
7

Form 22s, and responses from the appeals office (including the 602s with

8

log numbers CCI 20-00025, CCI 20-00260, CCI 20-00850, CCI 20-

9

00772, and CCI-20-01113).

10

b. All documents regarding the Rules Violation Report associated with the

11

incident(s) alleged in the complaint, including disciplinary charges and

12

findings (including RVR No. 6963134 regarding an incident on January

13

23, 2020, and RVR No. 6975722 regarding an incident on February 25,

14

2020).
c. Documents related to Plaintiff’s job performance from December 31,

15
16

2019, through March 4, 2020 (including the Work Supervisor’s Report

17

and Job Performance evaluation dated March 4, 2020).

18

d. The Classification Committee Hearing notes dated March 11, 2020.

19

2. If any party obtains documents and/or other evidence described above later in

20

the case from a third party, that party shall provide all other parties with copies

21

of the documents and/or evidence within thirty days.

22

3. Parties do not need to produce documents or evidence that they have already

23

produced.

24

4. Parties do not need to produce documents or evidence that were provided to

25

them by the opposing party.

26

5. Parties may object to producing any of the above-listed documents and/or

27
Defense counsel is requested to obtain these documents from Plaintiff’s institution(s) of confinement. If
defense counsel is unable to do so, defense counsel should inform Plaintiff that a third party subpoena is required.
3

28

2

1

evidence. Objections shall be filed with the Court and served on all other parties

2

within sixty days from the date of service of this order (or within thirty days of

3

receiving additional documents and/or evidence). The objection should include

4

the basis for not providing the documents and/or evidence. If Defendant(s)

5

object based on the official information privilege, Defendant(s) shall follow the

6

procedures described in the Court’s scheduling order. If a party files an

7

objection, all other parties have fourteen days from the date the objection is filed

8

to file a response. If any party files a response to an objection, the Court will

9

issue a ruling on the objection.

10
11
12

IT IS SO ORDERED.
Dated:

September 16, 2022

/s/
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3