Robinson v. San Joaquin County et al
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
ANTHONY W. ROBINSON,
No. 2:12-cv-2783 MCE GGH PS
COUNTY OF SAN JOAQUIN,
Plaintiff has filed a “motion for the immediate delivery of documents withheld.” The
motion claims that defendant’s privilege log, produced on August 29, 2014, should have been
produced at the time of the initial pre-trial conference on September 29, 2013,1 and that defendant
has waived all privileges based on this almost one year delay. Plaintiff secondly appears to claim
that the privilege log contains improper assertions of privilege. Plaintiff has not noticed this
motion for hearing.
First, plaintiff is informed that although the court did warn defendant that an untimely
privilege log may result in waiver, (ECF No. 43 at 3), the rule is that privileges must be claimed
and privilege logs produced at the time a discovery response is made. (Id.) In this case,
defendant did produce a privilege log at the time it made its discovery responses in the latest
Plaintiff might be referring to the initial status conference because a joint status report was
filed on October 4, 2013.
round of discovery, produced to plaintiff on August 29, 2014. Therefore, the privilege log is
timely and plaintiff’s argument in this regard fails.
As to substantive objections to specific claims of privilege, plaintiff may file a motion
challenging defendant’s assertions of privilege as improper; however, he must set forth each item
in the privilege log that he believes reflects an improper assertion of privilege, and the reasons
why he thinks so. His motion must be brought in good faith, and may not claim in a blanket
manner that all claims of privilege are improper. Plaintiff shall re-file his motion on this basis if
he so desires, and shall notice it for hearing. If plaintiff decides to renew his motion, he must
attach a copy of the privilege log.
This court’s order of September 9, 2014 directing briefing on defendant’s motion for
summary judgment, and resolution of that motion will not be delayed by any potential motion
filed by plaintiff regarding the aforementioned privilege log.
Accordingly, IT IS ORDERED that:
1. Plaintiff’s September 5, 2014 motion for immediate delivery of documents (ECF No.
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
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.
Dated: September 12, 2014
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
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