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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PUNAOFO TSUGITO TILEI, Case No. 12-cv-01688-PJH (MEJ) Plaintiff, 8 DISCOVERY ORDER v. Re: Dkt. No. 76, 80 9 10 11 CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., United States District Court Northern District of California Defendants. 12 13 14 15 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 16 discipline for, other incidents similar to those alleged in the Complaint. Under Federal Rule of 17 Evidence 404(b), Plaintiff may be able to introduce such evidence at trial to prove Defendants had 18 “motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of 19 accident.” Accordingly, no later than September 14, 2017, Defendants shall produce, for in 20 camera review, any and all documents relating to the investigation of the Defendant Correctional 21 Officers, or to their discipline, for incidents similar to those alleged in the Complaint. Defendants 22 shall use an inclusive approach to their in camera production. Thus, documents relating to the 23 pepper spray incident described at the hearing should be produced as an incident relating to 24 Plaintiff’s unlawful force allegations. The Court shall ascertain whether the documents are 25 sufficiently similar to warrant production to Plaintiff. 26 27 28 1 2 3 Defendants produced the IST Report; Plaintiff’s request for additional documents relating to training is DENIED. IT IS SO ORDERED. 4 5 6 7 Dated: August 31, 2017 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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