Padilla v. Beard et al

Filing 98

ORDER granting 89 Motion for Discovery signed by Magistrate Judge Carolyn K. Delaney on 1/13/16. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERMAINE PADILLA,

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Plaintiff,

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No. 2:14-cv-1118 KJM CKD

v.

ORDER

JEFFREY BEARD, et al.,

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Defendants.

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Plaintiff’s motion to compel production of documents came on regularly for hearing

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January 13, 2016.1 Lori Rifkin appeared for plaintiff. Diana Esquivel appeared for defendants.

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Upon review of the documents in support and opposition, upon hearing the arguments of counsel,

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and good cause appearing therefor, THE COURT FINDS AS FOLLOWS:
1. Plaintiff represents that the excerpts of the video of plaintiff’s cell extraction used for

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the regional training of Wardens and other high level officials is not available by subpoena due to

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a claim of Eleventh Amendment immunity. See Gonzalez v. Hickman, 466 F.Supp.2d 1226 (E.D.

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Cal. 2006) (Eleventh Amendment barred enforcement of subpoenas); cf. Allen v. Woodford, 544

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F.Supp.2d 1074 (E.D. Cal 2008) (court found that because no judgment would be issued against

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After hearing on the motion to compel, the court recessed to chambers for an informal
discussion regarding the status of plaintiff’s continued deposition and the setting of a settlement
conference.
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the State that could have any conceivable effect on the State treasury, Eleventh Amendment does

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not apply to nor bar enforcement of the subpoenas). In the circumstances of this case, the court

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finds defendant Davey has sufficient control over the excerpted video such that production should

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be compelled.
Due to plaintiff’s current mental status, the court, after discussion with counsel, has

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determined that the continued deposition of plaintiff should be held in abeyance at this time.

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Discovery will be left open so as to allow the reconvening of plaintiff’s deposition after his

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mental status has improved.

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It appears to the court that a settlement conference would aid in the just resolution of this
action. The parties shall therefore advise the court of their available dates.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The motion to compel (ECF No. 89) is granted. Defendant Davey shall produce, no

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later than January 22, 2016, the excerpted video of plaintiff’s cell extraction and any training

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materials associated therewith.

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2. The amended status pretrial scheduling order (ECF No. 78) is amended as follows:

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Discovery is left open until September 30, 2016 solely for the purposes of completing three

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further hours of plaintiff's deposition. Plaintiff shall not testify at trial if plaintiff does not submit

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to further deposition by September 30, 2016. In the absence of plaintiff submitting to further

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deposition prior to May 13, 2016, no affidavit shall be submitted by plaintiff, in opposition to any

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motion for summary judgment filed by defendants, which addresses issues not previously covered

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in plaintiff’s deposition testimony taken on October 9, 2015. Any further deposition, limited to

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three hours, shall take place at the Sacramento federal courthouse, on a date coordinated with the

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court’s courtroom deputy, so as to allow court supervision of said deposition.

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3. No later than January 27, 2016, the parties shall advise the court by e-mailing the

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courtroom deputy of the undersigned of their available dates for settlement conference and their

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preference, if any, of settlement judge. The court encourages the attendance at the settlement

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/////

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conference of Patrick McKinney, Chief Counsel and Legal Affairs Assistant Secretary,

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Department of Corrections and Rehabilitation, to aid in any resolution of this matter.

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Dated: January 13, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 padilla1118.mtc.oah

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