(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)

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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

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