Benjamin v. Doe et al

Filing 66

ORDER re: plaintiff's motion to compel 56 and motion to extend 59 . See attached. All discovery shall be completed (not propounded) by 7/2/19. Signed by Judge Donna F. Martinez on 4/5/2019. (Constantine, A.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
JOHN BENJAMIN,

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Plaintiff,
V.
JOHN/JANE DOE,
Defendants.

Case No. 3:16CV482(RNC)

RULING ON PENDING MOTIONS
The plaintiff, John Benjamin, brings this § 1983 action against
Department of Correction ("DOC") officers Ayala and Stevenson.

The

plaintiff alleges that Ayala assaulted him and Stevenson failed to
intervene.

Pending before the court are the plaintiff's (1) motion

to compel the DOC to respond to certain document requests and
(2)

motion to extend the discovery deadlines. (Doc. ##56, 59.)

After hearing oral argument, the court rules as follows:
Plaintiff's Motion to Compel
1.

Document Request 2 is granted as follows:

The DOC shall

produce all documents, and related video footage, concerning any
allegations of inmate assault involving Ayala, including but not
limited to investigations, complaints, and reviews.
2.

Document Request 4 is granted.

3.

Document Request 5

personally

review

is granted as follows:

Ayala's

personnel

file.

The AAG shall

Any

information

concerning allegations of mistreatment of inmates shall be produced

subject to an agreement that, at this stage, disclosure is for
attorney's eyes only.

The AAG shall provide plaintiff's counsel

with a description of the other documents in the file.
4.

During oral argument, plaintiff's counsel requested that that

the DOC identify two inmates who appear in the video.

Defense

counsel shall use his best efforts to identify the inmates.
Motion to Extend Discovery Deadline
Plaintiff

seeks

an

extension

Defense counsel does not object.

of

the

discovery

deadline.

Plaintiff's counsel indicated

that she seeks to depose eight DOC employees.
defense counsel with a list of names.

She agreed to provide

As to each, defense counsel

shall indicate whether the individual is currently employed by the
DOC.
Counsel also shall meet and confer regarding arranging a "walk
through" by plaintiff's counsel of the area where the incident
occurred.
Counsel agree to work together cooperatively to finish up the
remaining

discovery.

All

discovery

shall

be

completed

(not

propounded) by July 2, 2019.
SO ORDERED this 5th day of April 2019 at Hartford, Connecticut.

____________/s/______________
Donna F. Martinez
United States Magistrate Judge

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