Funk v. Town of Paradise et al

Filing 36

ORDER signed by Magistrate Judge Edmund F. Brennan on 05/12/11 ORDERING that plf's 22 Motion to Compel is GRANTED IN PART and DENIED IN PART as detailed in the order; dfts' 23 Motion to Compel and for Protective Order is GRANTED IN PART and DENIED IN PART as detailed in the order; Reasonable expenses are awarded to plf against dfts in the amount of$3,800.00. (Benson, A.)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

HAROLD FUNK,

11
12
13

Plaintiff,

No. CIV S-09-1000 MCE EFB (TEMP)

vs.
TOWN OF PARADISE, et al.,

14

Defendants.

ORDER
/

15
16

On May 11, 2011, the undersigned held a hearing on plaintiff’s motion to compel and

17

defendants’ motion to compel and for protective order and for sanctions. Attorney Larry

18

Baumbach appeared at the hearing on behalf of plaintiff; attorney Douglas Thorn appeared on

19

behalf of defendants.

20

For the reasons stated on the record, it is hereby ORDERED that:

21

1. Plaintiff’s motion to compel (Dckt. No. 22) is granted in part and denied in part as

22
23

follows:
a. Within fifteen days from the date of this order, defendants shall produce for

24

inspection and copying the Funk IA, the training and disciplinary records of defendants

25

Pickering and Cooper, and documents relating to claims of excessive force made by Baltierra

26

and Shumacher, subject to a protective order that documents produced pursuant to the order will
1

1

be used solely for purposes of the instant litigation. If responsive documents pertaining to

2

Baltierra and Shumacher do not exist, defendants shall provide a verified response stating so.

3

Defendants may redact personal matters such as home addresses and phone numbers, names and

4

contact numbers of family members, medical and psychological information, and medical,

5

disability and life insurance information.

6
7

b. Within fifteen days from the date of this order, defendant Town of Paradise
shall respond to interrogatories nos. 7-13.

8
9
10

c. Within fifteen days from the date of this order, defendants Pickering and
Cooper shall provide their height and weight at the time of the incident, provide their department
serial numbers, and shall respond to interrogatories nos. 4-18.

11

d. The depositions of defendants Pickering and Cooper shall reconvene no later

12

than June 30, 2011 in the conference room of plaintiff’s counsel. The duration of the depositions

13

is limited to two hours for each deposition. Defense counsel shall pay the costs of the court

14

reporter’s appearance fee.1
2. Defendants’ motion to compel and for protective order (Dckt. No. 23) is granted in

15
16

part and denied in part.
a. Within fifteen days from the date of this order, plaintiff shall provide a verified

17
18

response identifying all health care providers who have provided treatment from November 17,

19

2002 to the present, limited to treatment of plaintiff’s left elbow and any other body parts

20

allegedly injured as a result of the subject incident. Plaintiff shall further provide a verified

21

////

22

////

23
1

24
25
26

Defense counsel is reminded of the admonitions made at the hearing on this matter. If
objection is made based on the form of the question, said objection shall be stated succinctly in a
nonargumentative and nonsuggestive matter. Defense counsel may direct the deponent not to
answer a question only when necessary to preserve a privilege. Fed. R. Civ. P. 30(c)(2).
Defense counsel shall not direct plaintiff’s counsel in the marking or order of exhibits and shall
not interject editorial comments into the middle of a question.
2

1

response that all documents in plaintiff’s possession2 pertaining to the calculation of damages

2

have been produced.

3

b. Except as provided above, the motion for protective order is denied.

4

3. Reasonable expenses are awarded to plaintiff against defendants in the amount of

5

$3,800.00.

6

DATED: May 12, 2011.

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2

25
26

At hearing on this matter, plaintiff’s counsel represented that the only documents
withheld from production that are responsive to the calculation of damages are statements
provided to plaintiff’s counsel from plaintiff and his wife. The withholding of these statements
is not at issue here.
3