Santos v. Allen et al

Filing 189

ORDER re 152 Motion to Compel. The parties shall submit a supplemental brief of no longer than 10 pages no later than November 6, 2015. Signed by Magistrate Judge Nancy J. Koppe on 10/21/15. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RONALD SANTOS,

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Plaintiff(s),
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vs.
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ISIDRO BACA, et al.,
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Defendant(s).
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__________________________________________)

Case No. 2:11-cv-01251-KJD-NJK
ORDER
(Docket No. 152)

Pending before the Court is Plaintiff’s motion to compel. Docket No. 152. The Court has

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carefully considered Plaintiff’s motion, Defendants’ response, and Plaintiff’s reply. Docket Nos. 152,

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167, 186.

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Plaintiff’s motion to compel seeks three categories of documents: (1) correctional officers

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Camacho, Fowler, and Carabajal’s employment records, (2) information regarding the inmates held in

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HDSP operations unit holding cell from 2010 until 2011, and (3) a record of inmates receiving Kosher

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diets. See Docket No. 152. Defendants responded that these official documents are privileged or are

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otherwise confidential under Nevada Administrative Code 284.718 and Administrative Regulation 569.

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See Docket No. 167.

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The parties did not brief whether Defendants may properly assert that these official documents

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are privileged based on state regulations in a case brought under Title 42, United States Code, Section

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1983. See, e.g., Cross v. Jaeger, 2015 WL 1412845, at *4 (D. Nev. Mar. 27, 2015); Hooks v.

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Bannister, 2014 WL 6772989, at *5-6 (D. Nev. Dec. 2, 2014); Manley v. Zimmer, 2013 WL 5592328,

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at *12-16 (D. Nev. Oct. 9, 2013). Accordingly, in light of the above, the parties shall submit a

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supplemental brief of no longer than 10 pages explaining: (1) whether Defendants may assert a

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privilege based on state regulations in a case brought under Title 42, United States Code, Section 1983,

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and (2) whether any other privilege applies. The supplemental briefs shall be submitted no later than

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November 6, 2015.

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IT IS SO ORDERED.

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Dated: October 21, 2015

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________________________________________
NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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