Aaron v. Tyluki et al
Filing
61
ORDER granting in part and denying in part 57 Motion to Compel. Signed by Magistrate Judge R. Steven Whalen. (AChu)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JEFFREY AARON, #275291,
CIVIL ACTION NO. 12-14866
Plaintiff,
DISTRICT JUDGE JOHN CORBETT O’MEARA
v.
MAGISTRATE JUDGE R. STEVEN WHALEN
JOHN TYLUKI, et al.,
Defendants.
_________________________________/
ORDER
Currently before the Court is Plaintiff Jeffrey Aaron’s (“Plaintiff’s”) May 21, 2015
motion to compel discovery [Docket #57]. Plaintiff, a Michigan Department of Corrections
(“MDOC”) inmate alleging retaliation by prison official in violation of the First Amendment
pursuant to 42 U.S.C. 1983, alleges that Defendants’ responses to the discovery requests
were incomplete. Docket #57, Page ID 468-482. For the reasons set forth below, Plaintiff’s
motion is GRANTED in part and DENIED in part.
A. Fed. R. Civ. P. 33(a)(1)
Plaintiff alleges, in effect, that Defendants erroneously concluded that his September
4, 9, 2014 interrogatories had exceeded the 25 interrogatories allowed under the Federal
Rules of Civil Procedure 33(a)(1). Docket #57, Page ID 469. Defendants admit that they
they initially mistook duplicate discovery requests for new interrogatories. Response, Docket
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#59, Page ID 640-641. They state that after discovering their mistake they agreed to respond
to the disputed interrogatories. Id., Docket #57, Page ID #474-479. Accordingly, Plaintiff’s
request is DENIED as moot.
B. Plaintiff’s Second Request for Production of Documents
Defendants state that a number of documents requested by Plaintiff on August 24,
2014 do not exist. Docket # 59, Page ID 641, Docket #57, Page ID 474-79. Because
Defendants are unable to produce non-existent documents, Plaintiff’s Requests Nos. 1-4, 6,
11-12 are DENIED. As to Request No. 8, Defendants note that Plaintiff already has access
to MDOC policy directives and operating procedures. Docket #59, Page ID 644, Docket #57,
Page ID #477. For this reason, Request No. 8 is DENIED.
In contrast, Request No. 9, which asks for a list of workers who were allowed to keep
their kitchen jobs despite major misconduct tickets, goes to the heart of Plaintiff’s claim that
he was retaliated against for asserting his constitutional rights, and at a minimum is
reasonably calculated to lead to the discovery of relevant evidence. Fed. R. Civ. P. 26(b).
Plaintiff’s motion to compel a list of kitchen employees between June 1, 2011 and August
1, 2011 who were allowed to keep their jobs either pending the outcome of a misconduct
ticket or after a guilty finding will be GRANTED. Likewise, Request No. 10, which asks for
Plaintiff’s own statement submitted to a hearings investigator pertaining to another kitchen
worker’s misconduct ticket could reasonably lead to the discovery of relevant evidence and
is GRANTED.
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C. Plaintiff’s Third Request for Production of Documents
Defendants state that the requested “sign-in sheets” created between April 2, 2011 and
August 22, 2011 no longer exist pursuant to the MDOC’s “normal retention schedule.”
Docket #59, Page ID 646, Docket #57, Page ID 480, 624-625. As such, this request, made
on November 20, 2014 is DENIED
D. Plaintiff’s Fourth Request for Production of Documents
Defendants contend that Plaintiff’s March 16, 2015 request for a list of grievances
filed against Defendants James Tyluki and Dean Dyer while they worked in food service
should be denied for multiple reasons. First, they note that prisoner grievances are
“notoriously unreliable” and that many prisoners file “vexatious” and meritless grievances
for the sole purpose of laying “the groundwork for future litigation.” Docket #59, Page ID
646-647. Second, they note that such evidence would be inadmissible under Fed. R. Evid.
404(b). While the question of whether such evidence is admissible does not automatically
foreclose its discovery under Fed. R. Civ. P. 26(b), Plaintiff has not shown how the
grievances would be like to lead to the discovery of relevant evidence. This request is
DENIED.
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For these reasons, Plaintiff’s Motion to Compel [Docket #57] is GRANTED in part
and DENIED in part.
IT IS SO ORDERED.
/s/R. Steven Whalen
R. STEVEN WHALEN
U.S. MAGISTRATE JUDGE
Date: July 7, 2015
Certificate of Service
I certify that a copy of this order was served upon parties of record on July 7, 2015
via electronic or postal mail.
/s/A. Chubb
DEPUTY CLERK
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