Riggs v. Grounds et al

Filing 67

ORDER DENYING MOTION TO COMPEL by Judge Phyllis J. Hamilton denying 56 Motion to Compel. (CERTIFICATE OF SERVICE ATTACHED) (napS, COURT STAFF) (Filed on 9/18/2015) Modified on 9/18/2015 (napS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ISAAC RIGGS,

Case No. 13-cv-05864-PJH

Plaintiff,
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v.

ORDER DENYING MOTION TO
COMPEL

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R.T.C. GROUNDS, et al.,

Re: Dkt. No. 56

Defendants.

United States District Court
Northern District of California

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Plaintiff, a state prisoner, proceeds with a civil rights action alleging that defendant

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Cahlander utilized excessive force against him. Plaintiff has filed a motion to compel five

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document requests. Defendant has opposed the motion.

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A party may bring a motion to compel discovery when another party has failed to

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respond or respond adequately to a discovery request. Fed. R. Civ. P. 37(a)(3). A party

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may “obtain discovery regarding any nonprivileged matter that is relevant to any party’s

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claim or defense” but “for good cause, the court may order discovery of any matter

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relevant to the subject matter involved in the action.” Fed. R. Civ. P. 26(b). As the

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moving party, plaintiff bears the burden of informing the court which discovery requests

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are the subject of his motion to compel and for each disputed response, why defendants’

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objections are not justified or why the response provided is deficient.

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Plaintiff’s motion simply lists the five requests but fails to address defendant’s

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responses to the requests and why the responses were deficient. Defendant’s opposition

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includes the responses and various correspondences between the parties and copies of

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the documents that were provided. Plaintiff has not filed a reply to the opposition.

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Plaintiff seeks the following discovery:

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1. Policy for shower procedures

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2. Policy for razor exchange.

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3. Unit log for daily activities for February 7, 2012.

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4. Rules violation report issued to plaintiff regarding the incident.

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5. Personal records for all complaints for use of force or misconduct for the

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past seven years.
Defendant states that discovery for the first four requests were provided. Plaintiff
does not dispute this assertion and a review of defendant’s motion demonstrates the
discovery was provided. Defendant has also provided discovery regarding complaints of

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United States District Court
Northern District of California

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use of force against Cahlander. To the extent plaintiff seeks private information from

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defendant’s personal records he has failed to specifically identify what he seeks and why

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it is required. Because defendant has provided the discovery requested, the motion to

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compel (Docket No. 56) is DENIED.

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IT IS SO ORDERED.

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Dated: September 18, 2015

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________________________
PHYLLIS J. HAMILTON
United States District Judge

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\\CANDOAK\Data\Users\PJHALL\_psp\2013\2013_05864_Riggs_v_Grounds_(PSP)\13-cv-05864-PJH-_compel.docx

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ISAAC RIGGS,

Case No. 13-cv-05864-PJH

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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R.T.C. GROUNDS, et al.,
Defendants.

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United States District Court
Northern District of California

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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 September 18, 2015, 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.

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Isaac Riggs ID: E-26630
Corcoran State Prison 3A Yard 3 building cell 108
P.O. Box 3461
Corcoran, CA 93212

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Dated: September 18, 2015

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Clerk, United States District Court

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By:________________________
Nichole Peric, Deputy Clerk to the
Honorable PHYLLIS J. HAMILTON

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