Tilei v. California Department of Corrections and Rehabilitation

Filing 83

Discovery Order re Dkt. Nos. 76, 80. Signed by Judge Maria-Elena James on 8/31/2017. (mejlc3, COURT STAFF) (Filed on 8/31/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PUNAOFO TSUGITO TILEI,

Case No. 12-cv-01688-PJH (MEJ)

Plaintiff,
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DISCOVERY ORDER

v.

Re: Dkt. No. 76, 80

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CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION,
et al.,

United States District Court
Northern District of California

Defendants.
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Pending before the Court is the parties’ joint letter brief. See Ltr. Br., Dkt. No. 76; Am.
Ltr. Br., Dkt. No. 80. The Court heard oral argument on August 31, 2017.
Plaintiff asks the Court to order the production of documents relating to investigation of, or

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discipline for, other incidents similar to those alleged in the Complaint. Under Federal Rule of

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Evidence 404(b), Plaintiff may be able to introduce such evidence at trial to prove Defendants had

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“motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of

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accident.” Accordingly, no later than September 14, 2017, Defendants shall produce, for in

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camera review, any and all documents relating to the investigation of the Defendant Correctional

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Officers, or to their discipline, for incidents similar to those alleged in the Complaint. Defendants

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shall use an inclusive approach to their in camera production. Thus, documents relating to the

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pepper spray incident described at the hearing should be produced as an incident relating to

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Plaintiff’s unlawful force allegations. The Court shall ascertain whether the documents are

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sufficiently similar to warrant production to Plaintiff.

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Defendants produced the IST Report; Plaintiff’s request for additional documents relating
to training is DENIED.
IT IS SO ORDERED.

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Dated: August 31, 2017
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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