Heyward v. Hayward Police Department et al

Filing 59

Discovery Order Granting in part, denying in part, discovery issues re: Joint Letter Brief 52 . Signed by Chief Magistrate Judge Joseph C. Spero on 12/9/16. (klhS, COURT STAFF) (Filed on 12/9/2016) Modified on 12/9/2016 (klhS, COURT STAFF).

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

MARCO B. HEYWARD,

Case No. 15-cv-04802-JCS

Plaintiff,
8
v.
9
HAYWARD POLICE DEPARTMENT, et
al.,

11
United States District Court
Northern District of California

10

ORDER GRANTING IN PART,
DENYING IN PART DISCOVERY
ISSUES

Defendants.

Re: Dkt. No. 52

12
13

On December 2, 2016, a discovery hearing was held on the Joint Brief of Plaintiff and

14

Defendants on Discovery Issues. IT IS HEREBY ORDERED THAT with respect to defendants'

15

Motion to Compel Further Production of Documents and Responses to Interrogatories as follows:

16

1. The City's Request No. 3 is GRANTED IN PART. Plaintiff shall produce credit card

17

statements, debit card statements , receipts and other proofs of purchase, which show on their face

18

a purchase from bars and liquor stores.

19
20
21

22
23
24
25
26
27
28

2. The City's Request No. 4 as to familial status is GRANTED. Plaintiff provided the name of
Plaintiff's son's mother and phone number at the hearing.
3. The City's Request No. 7 which seeks documents regarding payment of any services
rendered to Plaintiff as a result of the incident is GRANTED.
4. The City's Request No. 15 which seeks documents pertaining to medications purchased
within thirty (30) days is DENIED.
5. The City's Request No. 17 which seeks documents concerning employment of Plaintiff is
DENIED.
6. The City's Request No. 18 which seeks documents concerning any person who has
supervised Plaintiff at any place of employment is DENIED.

1
2
3

7. The City's Request No. 19 which seeks documents concerning any termination by any
employers is DENIED.
8. The City's Request No. 20 for documents that support or refute Plaintiff's contentions that

4

the named officers did not have reasonable suspicion to detain Plaintiff during the incident is

5

DENIED.

6
7
8
9
10

United States District Court
Northern District of California

11
12

9. The City's Request No. 27 for documents pertaining to any criminal prosecution against
Plaintiff for the last five (5) years is GRANTED.
10. The City's Request No. 29 for documents pertaining to civil complaints filed by the
Plaintiff is DENIED.
11. Interrogatory No. 2 which seeks information regarding Plaintiff's age, birthdate, marital
status, education and employment is GRANTED.
12. Interrogatory No. 3 which seeks information pertaining to the four (4) hours prior to his

13

visit to 24 Hour Fitness and four (4) hours following the incident is GRANTED IN PART.

14

Plaintiff shall provide information for the four (4) hours before the incident.

15
16
17

13. Interrogatory No. 5 which seeks information concerning all places visited seven (7) hours
prior to the incident is DENIED.
14. Interrogatory No. 6 which seeks information about anyone whom Plaintiff spoke with on

18

the day of the incident. GRANTED. Plaintiff shall identify anyone to whom he spoke to about the

19

incident.

20
21

22
23
24

15. Interrogatory No. 8 which seeks information about Plaintiff's son's age, date of birth,
address, phone numbers, school and grade is GRANTED.
16. Interrogatory No. 9 which seeks information regarding the Plaintiff's marital status is
DENIED.
17. Interrogatory No. 10 which seeks information regarding the plaintiff's son's mother's age,

25

date of birth, address, phone number criminal history, education and employment is DENIED.

26

18. Interrogatory No. 11 which seeks information regarding medical treatments, therapies,

27
28

treatments for injuries and alcohol treatments is DENIED.
19. Interrogatory No. 12 which seeks information regarding medications prescribed to the
2

1
2
3
4
5
6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14

Plaintiff is DENIED.
20. Interrogatory No. 13 which seeks information regarding medication or alcohol consumed
by Plaintiff on the day of the incident is GRANTED.
21. Interrogatory No. 14 seeks information regarding medical providers seen by Plaintiff for
injuries from the incident is GRANTED.
22. Interrogatory No. 15 asks Plaintiff to state in detail all injuries Plaintiff attributes to the
incident. GRANTED.
23. Interrogatory No. 17 requests names and contact information concerning people with
whom the Plaintiff has spoken about the incident. GRANTED.
24. Interrogatory No. 18 seeks information regarding any lawsuits to which Plaintiff has been
a party. DENIED.
25. Interrogatory No. 19 asks Plaintiff to identify all bars visited the week of the incident.
DENIED.
26. Interrogatory No. 20 requests that Plaintiff identify the basis for the allegation that the City

15

violated any statute, law, ordinance or regulation which contributed to the happenings of the

16

alleged incident is GRANTED.

17
18
19
20
21

22
23
24

27. Interrogatory No. 21 requests the amount of settlement money awarded in all of Plaintiff's
legal actions. DENIED.
Mr. Heyward shall produce documents and discovery responses described above by
December 31, 2016.
IT IS SO ORDERED.
Dated: December 9, 2016
______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge

25
26
27
28
3

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

MARCO B. HEYWARD,

Case No. 15-cv-04802-JCS

Plaintiff,
8
v.

CERTIFICATE OF SERVICE

9
HAYWARD POLICE DEPARTMENT, et
al.,

11
United States District Court
Northern District of California

10

Defendants.

12
13
14
15

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on December 9, 2016, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

16
17
18

Marco B. Heyward
PO Box 466
Hayward, CA 94543

19
20

Dated: December 9, 2016

21

22
23
24
25

Susan Y. Soong
Clerk, United States District Court
By:________________________
Karen Hom, Deputy Clerk to the
Honorable JOSEPH C. SPERO

26
27
28
4