Pajas et al v. County of Monterey et al

Filing 139

ORDER GRANTING IN PART AND DENYING IN PART 136 PLAINTIFFS' REQUEST OF MAY 19, 2017. Status Conference set for 6/22/2017 at 10:00 AM in Courtroom 6, 4th Floor, San Jose before Magistrate Judge Susan van Keulen. Signed by Magistrat e Judge Susan van Keulen on 5/31/2017. Parties requesting to appear telephonically are instructed to contact CourtCall at 866-582-6878 to arrange for telephonic appearance. (ofr, COURT STAFF) (Filed on 5/31/2017) Modified on 5/31/2017 to correct status conference date from 6/2/2017 to 6/22/2017. (ofr, COURT STAFF).

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
MARK VASQUEZ PAJAS, et al.,

7

Plaintiffs,

8
v.

9

COUNTY OF MONTEREY, et al.,

10

Defendants.

11
United States District Court
Northern District of California

Case No.16-cv-00945-BLF (SVK)
ORDER GRANTING IN PART AND
DENYING IN PART PLAINTIFFS’
REQUEST OF MAY 19, 2017
Re: Dkt. No. 136

12
The Court has reviewed the parties’ submissions regarding production of electronically

13
14

stored information (“ESI”) and other documents by defendant County of Monterey (the

15

“County”). Having addressed similar issues between Plaintiffs and both this and another

16

defendant in this case,1 the Court orders the County to complete its production of documents as set

17

forth below. Plaintiffs seek a court-imposed deadline for completion of ESI production. Plaintiffs

18

also seek production of 1) documents related to in-custody deaths at Monterey County Jail of

19

individuals experiencing opiate, alcohol, or benzodiazepine withdrawal and/or detoxification; and

20

2) staffing shift reports for the time period of Pajas’s incarceration. Finally, Plaintiffs request

21

leave to move for sanctions.
In light of the nature and substance of the meet and confer efforts by both parties, the

22
23

pending discovery cutoff of July 28, 2017, and the outstanding depositions, the County is ordered

24

to produce all outstanding ESI identified by the search terms previously agreed upon by the parties

25

no later than by June 16, 2017. If the County’s ESI production is already complete, it is to

26

provide written confirmation of that fact to the Court and to Plaintiffs no later than June 2, 2017.

27
28

1

See ECF 91, 95, 96, 102, 103, 104, 105, 108, 109, 110, 116, 130.

1

The County is further ordered to produce all documents relating to in-custody deaths of

2

individuals experiencing opiate, alcohol, or benzodiazepine withdrawal and/or detoxification

3

during the relevant time period, not just documents relating to in-custody deaths of inmates

4

undergoing any detox treatment program for opiate, alcohol, or benzodiazepine withdrawal and/or

5

detoxification at the time of his or her death. The County must complete this production by

6

June 16, 2017. If the County’s production of documents responsive to this request is already

7

complete, it is to provide written confirmation of that fact to the Court and to Plaintiffs no later

8

than June 2, 2017.

9

Plaintiffs’ request for staffing shift reports is denied because the County has stated that the
documents do not exist, and Plaintiffs do not dispute this position. Plaintiffs’ request for leave to

11
United States District Court
Northern District of California

10

file a motion for sanctions is denied.

12

The Court sets a status call for June 22, 2017, at 10 a.m. to ensure the County has

13

complied with the above deadlines. If the Parties agree that no such call is necessary, they may so

14

inform the Court.

15
16

SO ORDERED.
Dated: 5/31/2017

17
18
SUSAN VAN KEULEN
United States Magistrate Judge

19
20
21
22
23
24
25
26
27
28
2