Robinson v. San Joaquin County et al

Filing 103

ORDER signed by Magistrate Judge Gregory G. Hollows on 9/12/2014 ORDERING 101 that Plaintiff's 9/5/2014 motion for immediate delivery of documents DENIED without prejudice to its refiling as described herein; and should plaintiff decide to refile his motion to compel, he must do so within 14 days of this order, and notice it for hearing on the soonest available law and motion calendar by contacting the Courtroom Deputy, Danielle Eichhorn, at (916) 930-4152. (Reader, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY W. ROBINSON, 12 Plaintiff, 13 14 No. 2:12-cv-2783 MCE GGH PS v. ORDER COUNTY OF SAN JOAQUIN, 15 Defendant. 16 17 Plaintiff has filed a “motion for the immediate delivery of documents withheld.” The 18 motion claims that defendant’s privilege log, produced on August 29, 2014, should have been 19 produced at the time of the initial pre-trial conference on September 29, 2013,1 and that defendant 20 has waived all privileges based on this almost one year delay. Plaintiff secondly appears to claim 21 that the privilege log contains improper assertions of privilege. Plaintiff has not noticed this 22 motion for hearing. First, plaintiff is informed that although the court did warn defendant that an untimely 23 24 privilege log may result in waiver, (ECF No. 43 at 3), the rule is that privileges must be claimed 25 and privilege logs produced at the time a discovery response is made. (Id.) In this case, 26 defendant did produce a privilege log at the time it made its discovery responses in the latest 27 28 1 Plaintiff might be referring to the initial status conference because a joint status report was filed on October 4, 2013. 1 1 round of discovery, produced to plaintiff on August 29, 2014. Therefore, the privilege log is 2 timely and plaintiff’s argument in this regard fails. 3 As to substantive objections to specific claims of privilege, plaintiff may file a motion 4 challenging defendant’s assertions of privilege as improper; however, he must set forth each item 5 in the privilege log that he believes reflects an improper assertion of privilege, and the reasons 6 why he thinks so. His motion must be brought in good faith, and may not claim in a blanket 7 manner that all claims of privilege are improper. Plaintiff shall re-file his motion on this basis if 8 he so desires, and shall notice it for hearing. If plaintiff decides to renew his motion, he must 9 attach a copy of the privilege log. 10 This court’s order of September 9, 2014 directing briefing on defendant’s motion for 11 summary judgment, and resolution of that motion will not be delayed by any potential motion 12 filed by plaintiff regarding the aforementioned privilege log. 13 Accordingly, IT IS ORDERED that: 14 1. Plaintiff’s September 5, 2014 motion for immediate delivery of documents (ECF No. 15 16 101) is denied without prejudice to its refiling as described herein; and 2. Should plaintiff decide to refile his motion to compel, he must do so within fourteen 17 days of this order, and notice it for hearing on the soonest available law and motion calendar by 18 contacting the Courtroom Deputy, Danielle Eichhorn, at (916) 930-4152. 19 Dated: September 12, 2014 20 /s/ Gregory G. Hollows 21 UNITED STATES MAGISTRATE JUDGE 22 23 GGH:076/Robinson2783.prv-log 24 25 26 27 28 2

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