Manzanillo v. Lewis et al

Filing 118

ORDER by Magistrate Judge Nandor Vadas granting in part and denying in part 104 Motion to Compel. (njvlc1, COURT STAFF) (Filed on 8/27/2014)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 EUREKA DIVISION 8 RAYMOND J. MANZANILLO, No. 3:12-CV-05983 JST (NJV) 9 Plaintiff, ORDER RE MOTION TO COMPEL v. (Doc. 104.) 11 For the Northern District of California United States District Court 10 GREGORY D. LEWIS, et al, 12 13 Defendants. ___________________________________/ 14 15 On June 6, 2014, Plaintiff filed a Third Motion to Compel Discovery and Deem Additional 16 Requests for Admissions Admitted. (Doc. 104.) In an order entered August 5, 2014, District Judge Jon 17 S. Tigar lifted the stay in this action and referred Plaintiff's motion and all further discovery motions 18 filed in this case to the undersigned. (Doc. 111.) The matter was heard on August 26, 2014. For the 19 reasons discussed below, the court grants Plaintiff's motion in part and denies it in part. 20 Request for Production of Documents 21 Plaintiff seeks information concerning incidents involving the use of force on inmates at the 22 Security Housing Unit at Pelican Bay State Prison. Defendants object to Plaintiff's request for 23 production concerning these incidents on the grounds that it lacks foundation, and that the sought-after 24 information is irrelevant, is not likely to lead to admissible evidence, and may violate other inmates' 25 right to privacy. Plaintiff argues that this evidence is relevant to his claims based on supervisory 26 liability. 27 It is well established that a supervisor may be liable for the constitutional violations of his 28 subordinates if the supervisor participated in or directed the violations, or knew of the violations and failed to prevent them. Taylor v. List, 880 F.2d 1040, 1050 (9th Cir. 1989). The court finds that the 1 information sought by Plaintiff is relevant and may lead to admissible evidence on his claim that 2 supervisory Defendants failed to properly train other Defendants. See Federal Rule of Evidence 401 3 ("Evidence is relevant if . . . it has any tendency to make a fact more or less probable than it would 4 be without the evidence; and . . . the fact is of consequence in determining the action."); Federal Rule 5 of Civil Procedure 26(b) ("[p]arties may obtain discovery regarding any nonprivileged matter that is 6 relevant to any party's claim or defense." "Relevant information need not be admissible at the trial if 7 the discovery appears reasonably calculated to lead to the discovery of admissible evidence.") period starting three months before the alleged incident and until three months after the alleged incident. 10 Defendants shall provide the date of the incident, and a brief description of both the incident and the 11 For the Northern District of California Accordingly, Defendants shall produce the information sought by Plaintiff, only for the time 9 United States District Court 8 resulting administrative procedures following the incident. Defendants shall appropriately redact the 12 names of both inmates not parties to this lawsuit and CDCR personnel as needed in order to protect 13 their privacy. 14 Requests for Admission 15 Plaintiff propounded a Second Request for Admissions on March 19, 2014. The case was stayed 16 from April 22, 2014, until August 5, 2014. (Doc. 99, 111.) Plaintiff's request to deem the requests for 17 admission admitted is DENIED. Defendants shall provide a response to the Second Request for 18 Admissions to Plaintiff no later than September 19, 2014. 19 IT IS SO ORDERED. 20 Dated: August 27, 2014 ________________________________ NANDOR J. VADAS United States Magistrate Judge 21 22 23 24 25 26 27 28 2 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 EUREKA DIVISION 9 11 For the Northern District of California United States District Court 10 RAYMOND J. MANZANILLO, 12 13 No. 3:12-CV-05983 JST (NJV) Plaintiff, v. 14 GREGORY D. LEWIS, et al., 15 CERTIFICATE OF SERVICE Defendants. ___________________________________/ 16 17 I, the undersigned, hereby certify that on August 27, 2014, I SERVED a true and correct copy 18 of the attached, by placing said copy in a postage paid envelope addressed to the person(s) listed below, 19 by depositing said envelope in the U.S. Mail. 20 21 22 23 24 Raymond J. Manzanillo #:J91574 Pelican Bay State Prison P.O. Box 7500, Housing: C7-205 Crescent City, CA 95532 25 26 27 ____________________________________ 28 Linn Van Meter Administrative Law Clerk to the Honorable Nandor J. Vadas 3

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