Abreu v. Braga, et al

Filing 96

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/21/11 ORDERING that 53 Motion for sanctions is DENIED; Plaintiffs 55 Reply to Counterclaim, is DISREGARDED; 78 Motion to Compel is DENIED. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARMANDO ABREU,
Plaintiff,

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vs.

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No. CIV S-09-0763 KJM EFB P

F. BRAGA, et al.,
Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding without counsel and in forma pauperis in an action

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brought under 42 U.S.C. § 1983. This action proceeds on plaintiff’s due process claims against

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defendants Braga, Campbell, and Robinson. Dckt. No. 26. Pending before the court is (1)

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plaintiff’s motion for sanctions; (2) plaintiff’s “reply to counterclaim;” and (3) plaintiff’s motion

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to compel. Dckt. Nos. 53, 55, 78. For the reasons stated below, plaintiff’s motions will be

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denied.

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I.

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Plaintiff’s Motion for Sanctions
Plaintiff requests sanctions on the ground that defendants Braga and Campbell’s answer

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to plaintiff’s amended complaint violates Rule 11 of the Federal Rules of Civil Procedure. Dckt.

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No. 53. Plaintiff argues that defense counsel has presented defenses that have already been

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decided by the court, or that “contort the truth.” See id., ¶ 3.
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Rule 11 provides for the imposition of monetary sanctions for the signing and filing of a

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pleading that asserts defenses lacking evidentiary support and/or is not warranted by existing law

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or a nonfrivolous argument of extending or modifying existing law, and/or is being presented for

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purposes of harassment.

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The court has reviewed defendants’ answer, filed October 11, 2010. See Dckt. No. 50.

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The answer does not warrant Rule 11 sanctions, as it does not contain arguments that are

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frivolous or improper. Plaintiff’s request for sanctions lacks merit and will therefore be denied.

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II.

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Plaintiff’s Reply to Counterclaim
Plaintiff has also filed a document titled “Reply to Counterclaim,” which appears to be a

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response to defendants’ answer (which does not raise a counterclaim). See Dckt. Nos. 50, 55.

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Neither the Federal Rules of Civil Procedure nor this court’s local rules authorize such filings.

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The court will therefore disregard plaintiff’s response to defendants’ answer. See Fed. R. Civ. P.

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7(a) (listing allowed pleadings, and providing that a reply to an answer is proper only “if the

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court orders one”).

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III.

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Plaintiff’s Motion to Compel
On February 7, 2011, plaintiff filed a motion to compel further responses to his requests

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for production of documents, interrogatories, and requests for admissions. Dckt. No. 78. A

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motion to compel is appropriate when a party fails to provide responses to interrogatories

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submitted under Rule 33, or fails to produce relevant, non-privileged documents requested

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pursuant to Rule 34. Fed. R. Civ. P. 37(a)(3)(B)(iii)-(iv). An evasive or incomplete answer or

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response to a discovery request “must be treated as a failure to disclose, answer, or respond.”

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Fed. R. Civ. P. 37(a)(4). The party seeking to compel discovery has the burden of informing the

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court why the defendants’ objections are not justified or why the defendants’ responses are

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otherwise deficient.

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Plaintiff argues generally that defendants failed to disclose relevant information,
provided misleading and false information, and otherwise failed to properly respond to his
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discovery requests. Plaintiff claims to have sought relevant discovery and argues that defendants

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should be sanctioned for their alleged misconduct. However, plaintiff does not identify any

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particular discovery request to which he seeks to compel a response. While plaintiff describes

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defendants’ objections to one of more of his discovery requests, the court cannot evaluate these

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objections without also having before it the discovery request to which each objection is

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directed. Without knowing which responses to plaintiff’s discovery requests he seeks to compel

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and on what grounds, there is no basis on which to grant plaintiff’s motion. Accordingly,

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plaintiff’s motion will be denied.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s October 22, 2010 motion for sanctions, Dckt. No. 53, is denied.

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2. Plaintiff’s October 22, 2010 “Reply to Counterclaim,” Dckt. No. 55, is disregarded.

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3. Plaintiff’s February 7, 2011 motion to compel, Dckt. No. 78, is denied.

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DATED: June 21, 2011.

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