Hudson v. Richmond Police Department
Filing
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ORDER REGARDING DISCOVERY AND BRIEFING SCHEDULE 60 . (Illston, Susan) (Filed on 6/2/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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TORIANO GERMAINE HUDSON,
Case No. 15-cv-00787-SI
Plaintiff,
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v.
ORDER REGARDING DISCOVERY
AND BRIEFING SCHEDULE
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DIAZ, et al.,
Re: Dkt. No. 60
Defendants.
United States District Court
Northern District of California
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This matter is now before the court for consideration of plaintiff’s request for discovery
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before summary judgment proceedings. Docket No. 60. To evaluate that request, it is necessary
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to recount some procedural history. This action has been pending for more than fifteen months.
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More than thirteen months ago, in the order of service, the court explicitly authorized the parties to
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conduct discovery. Docket No. 8 at 5. Although the court had ordered service of process on the
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individual defendant police officers who allegedly used excessive force on him during an arrest,
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plaintiff repeatedly tried to amend to state a claim against the Richmond Police Department. See
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Docket No. 45 at 1-2; Docket No. 57. On April 19, 2016, the court granted in part defendants’
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motion to dismiss, dismissing the Richmond Police Department from this action without further
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leave to amend because, despite repeated efforts, plaintiff had been unable to state a claim against
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that defendant. Docket No. 57. In that same order, the court denied plaintiff’s third request for
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appointment of counsel and set a briefing schedule for summary judgment motions, with
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defendants’ motion for summary judgment being due on June 24, 12016. Id. at 6.
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Returning now to plaintiff’s request for discovery, the court notes that plaintiff has not
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indicated that he has done any discovery, nor does he explain the specific discovery he plans to do.
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A diligent plaintiff would have had ample time to complete discovery in the thirteen months since
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the court explicitly authorized the parties to conduct discovery. Plaintiff’s request for discovery is
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DENIED. Docket No. 60. Although plaintiff has not shown good cause for his request, in the
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interest of justice, the court will reset the briefing schedule (at the end of this order) to allow
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further opportunity for discovery. Plaintiff must act diligently -- promptly sending his discovery
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requests and promptly following up if he does not receive satisfactory answers to those requests --
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so that he can finish his discovery in this additional period.
It may be that plaintiff thinks the court will do discovery for him, but that would be an
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erroneous belief because it is the responsibility of the parties to conduct their own discovery. If
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plaintiff wants to attempt to obtain discovery, he must comply with the discovery rules in Federal
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Rules of Civil Procedure 26-37. The court generally is not involved in the discovery process and
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United States District Court
Northern District of California
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only becomes involved when there is a dispute between the parties about discovery responses.
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Discovery requests and responses normally are exchanged between the parties without any copy
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sent to the court. See Fed. R. Civ. P. 5(d) (listing discovery requests and responses that "must not"
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be filed with the court until they are used in the proceeding or the court orders otherwise). Only
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when the parties have a discovery dispute that they cannot resolve among themselves should the
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parties even consider asking the court to intervene in the discovery process. The court does not
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have enough time or resources to oversee all discovery, and therefore requires that the parties
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present to it only their very specific disagreements. To promote the goal of addressing only very
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specific disagreements (rather than becoming an overseer of all discovery), the court requires that
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the parties meet and confer to try to resolve their disagreements before seeking court intervention.
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See Fed. R. Civ. P. 37(a); N. D. Cal. Local Rule 37. Where, as here, one of the parties is a
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prisoner, the court does not require in-person meetings and instead allows the prisoner and defense
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counsel to meet and confer by telephone or exchange of letters. Although the format of the meet-
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and-confer process changes, the substance of the rule remains the same: the parties must engage in
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a good faith effort to meet and confer before seeking court intervention in any discovery dispute.
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Plaintiff’s discovery requests should not be filed with the court, and instead must be served on
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defendants by sending them to defense counsel.
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The court now resets the briefing schedule for summary judgment motions: No later than
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September 9, 2016, defendants must file and serve their motion for summary judgment, or notify
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the court that the case cannot be resolved by summary judgment. No later than October 7, 2016,
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plaintiff must file and serve his opposition to the motion for summary judgment. No later than
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October 21, 2016, defendants must file and serve their reply, if any.
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IT IS SO ORDERED.
Dated: June 2, 2016
______________________________________
SUSAN ILLSTON
United States District Judge
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United States District Court
Northern District of California
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