Jones v. Skolnik et al
Filing
372
ORDERED that Jones' # 354 Objection is OVERRULED. FURTHER ORD that Defendants' # 355 Objection is OVERRULED. FURTHER ORD that Jones' # 358 Motion for Expedited Ruling is DENIED as moot. FURTHER ORD that Jones' # 367 Motion to Strike is DENIED as moot. Signed by Judge Larry R. Hicks on 10/13/2014. (Copies have been distributed pursuant to the NEF - DRM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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*****
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CHRISTOPHER A. JONES,
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Plaintiff,
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v.
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HOWARD SKOLNIK, et al.,
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Defendants.
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) 3:10-cv-00162-LRH-VPC
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) ORDER
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Before the Court is Defendants Yaqub Mustafaa and Taerik Berry’s (collectively
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“Defendants”) Objection to the Magistrate Judge’s Order (Doc. #3501) pursuant to 28 U.S.C.
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§ 636(b)(1)(A), Federal Rule of Civil Procedure 72(a), and Local Rule IB 3-1(a). Doc. #355.
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Christopher A. Jones (“Jones”) filed a Response (Doc. #357), to which Defendants replied (Doc.
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#364).
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Also before the Court is Plaintiff Christopher Jones’ Partial Objections to the Magistrate
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Judge’s Order (Doc. #350) pursuant to Federal Rule of Civil Procedure 72(a). Doc. #354.
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Defendants filed a timely Response. Doc. #365. Jones also filed a Motion to Strike Defendants’
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Reply (Doc. #364) to Jones’ Response (Doc. #357) to Defendants’ Objection to the Magistrate
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Judge’s Order (Doc. #355). Doc. #367. Jones also filed a Motion for Expedited Ruling.
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Doc. #358.
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I.
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Legal Standard
A magistrate judge’s orders operate as final determinations of pretrial matters under 28
U.S.C. § 636(b)(1)(A) and Local Rule IB 1-3. Accordingly, a district judge may reconsider a
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Refers to the Court’s docket entry number.
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magistrate judge’s order only if it is “clearly erroneous or contrary to law.” 28 U.S.C.
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§ 636(b)(1)(A); Fed. R. Civ. P. 72(a); LR IB 3-1(a).
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II.
Discussion
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A.
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The Court has reviewed the relevant documents and pleadings on file in this matter and
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finds that the Magistrate Judge’s Order, to which Defendants object, is not clearly erroneous or
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contrary to law. Therein, the Magistrate Judge denied Defendants’ Motion Not to Reopen
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Discovery. See Doc. #350, pp. 2-3. Defendants argue that the Magistrate Judge’s decision to
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reopen discovery will be prejudicial to both the reinstated defendants (Williams, Cox, and
Defendant’s Objection
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Skolnik), as well as the other defendants (Mustafaa, Berry, and Schultz). In this regard,
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Defendants appear to believe that this Court’s ruling, allowing three new defendants to be re-
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introduced into the case years after being dismissed, was entirely predicated on the lack of
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prejudice to the parties because discovery was already closed. Defendants misunderstand the
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Court’s Order in this regard. In determining whether Jones’ Motion for Relief pursuant to
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Federal Rule of Civil Procedure 60(b) was made within a “reasonable time,” the Court
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considered, among several other factors, prejudice to the opposing party caused by the delay
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(Williams, Cox, and Skolnik), as well as prejudice to other parties (Mustafaa, Berry, and
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Schultz). The Court determined that these defendants did not suffer prejudice for a number of
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reasons, only one of which had anything to do with discovery. Specifically, the Court concluded
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that “because discovery on the claim has already closed, . . . any further delay in the litigation
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will be minimal.” Doc. #315, p. 10.
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Here, the Magistrate Judge ordered that “[d]iscovery as to the defendants on behalf of
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whom the Attorney General accepts service shall be completed no later than SIXTY (60) DAYS
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from the date such defendants file an answer or responsive pleading to the complaint.” Doc.
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#350, p. 2. The Magistrate Judge further ordered that “NO further extensions of discovery . . .
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will be granted to any party for any reason.” Id. at 3. Given the short time frame in which the
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Magistrate Judge ordered discovery reopened, the Court maintains its earlier position that any
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further delay in the litigation caused by reopening discovery will be minimal. Accordingly,
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Defendants’ Objection is overruled in this regard.
The Court is not of the opinion that this Order or any other Order on the subject involves
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a controlling question of law as to which there is substantial ground for difference of opinion.
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Accordingly, an immediate appeal pursuant to 28 U.S.C. § 1292 is not warranted. Finally, all
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claims against Defendants, which are now at the dispositive motion phase, shall proceed
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unhindered by the reopening of discovery.
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The Magistrate Judge also granted Jones’ Motion for Reasonable Expenses Related to
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Motion to Compel. See Doc. #350, pp. 3-4. Specifically, the Magistrate Judge found that
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Defendants’ counsel “was unjustified in taking the drastic action of instructing the deponent not
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to answer [the deposition question], which has caused all parties and the court to expend
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additional resources.” Doc. #350, p. 4. She further determined that “while plaintiff incurred
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some transcript costs in making [his subsequent motion to compel], the dispute centered on one
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deposition question; as such he is not entitled to all costs.” Id.
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Defendants argue that Jones did not comport with the requirements in Federal Rule of
Civil Procedure 37(a)(5)(A), which states that a court must not order payment if:
(i) the movant filed the motion before attempting in good faith to obtain the
disclosure or discovery without court action;
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(ii) the opposing party’s nondisclosure, response, or objection was substantially
justified; or
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(iii) other circumstances make an award of expenses unjust.
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The Court disagrees.
As to subsection (i), the Court rejects Defendants’ assertion that Jones did not attempt in
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good faith to obtain the disclosure or discovery without court action. Jones made a good faith
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attempt at obtaining the information at issue at the deposition. Defendants’ suggestion that Jones
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should have contacted the Magistrate Judge at the time of the deposition to rule on any discovery
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disputes that arose is beside the point. Moreover, Defendants’ suggestion that Defendant Berry
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would have answered the question differently in response to an interrogatory is mere conjecture.
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By refusing to answer at his deposition, Defendant Berry, not Jones, created the necessity for
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Jones’ subsequent motion to compel.
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As to subsection (ii), the Court also rejects Defendants’ assertion that Defendant Berry’s
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nondisclosure was substantially justified. While Defendants’ counsel may have been concerned
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about the confidentiality of certain personnel information, the Magistrate Judge found that he
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was unjustified in instructing Defendant Berry not to answer the question. Indeed, Defendants
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appear to acknowledge that the breadth of the objection was unjustified as they admit that “a
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better objection would have been to instruct Defendant Berry not to answer the question to the
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extent his answer would have resulted in the disclosure of confidential personnel information.”
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See Doc. #355, p. 8. Accordingly, regardless of whether Defendant Berry was justified in
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withholding certain confidential personnel information, his complete refusal to answer the
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question was not. For this reason as well, the Court declines to conduct an in camera review of
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the information Defendants sought to protect.
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As to subsection (iii), the Court does not believe that any other circumstances make the
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Magistrate Judge’s award of $100 unjust. While the Court is well aware that Defendants have
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incurred substantial discovery costs as a result of Jones’ zealous motion practice, the Court did
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not find that any of his motions, referenced by Defendants, were frivolous. Indeed, the mere fact
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that those motions were unsuccessful does not render them frivolous.
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Finally, the Magistrate Judge awarded Jones the $100 to cover a portion of the expenses
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associated with obtaining a deposition transcript, which presumably was necessary in order to file
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the motion to compel, not to cover any attorney’s fees or compensate Jones for his time in
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drafting the motion to compel. It was within the Magistrate Judge’s discretion to set the award at
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$100 and the Court will not disturb her decision to do so.
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B.
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Jones objects to the Magistrate Judge’s Order on the grounds that the Magistrate “denied
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the plaintiff’s possession of his medical records that numerous other judges and magistrates have
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saw fit to allow him to possess in the past.” Doc. #354 at 2. Defendants respond that the
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Magistrate Judge’s Order “is in fact a proper application of the Nevada Department of
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Correction’s promulgated rule adopted in accordance with Turner v. Safley, [482] U.S. 78
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(1987), particularly given that Plaintiff is housed with three other inmates.” Doc. #365 at 2. The
Plaintiff’s Objection and Motions
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Court finds that the Magistrate Judge’s Order was neither clearly erroneous nor contrary to law.
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See 28 U.S.C. § 636(b)(1)(A); Fed. R. Civ. P. 72(a); LR IB 3-1(a). Accordingly, Jones’
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objection on this ground is overruled.
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Jones also moves to strike Defendants’ Reply in support of their objections to the
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Magistrate Judge’s Order. Doc. #367. Jones argues that the applicable statutes and rules “do not
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provide for a reply to response to an objection nor, in support of that initial objection.” Id. at 2.
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The Federal Rules of Civil Procedure and Local Rules permit an opposing party to submit
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objections within fourteen days of the Order. Fed. R. Civ. P. 72(b)(2); LR IB 3-1(a). The rules
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also permit a party to respond to these objections within fourteen days. Fed. R. Civ. P. 72(b)(2);
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LR IB 3-1(a). Jones is correct that these rules do not provide for the objecting party’s right to
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reply to a response to an objection. However, because this Order based its analysis on
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Defendants’ original objection rather than Defendants’ Reply to Plaintiff’s Response, the Motion
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to Strike is denied as moot.
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III.
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Conclusion
For the reasons set forth herein, the Court finds that the Magistrate Judge’s rulings were
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not clearly erroneous or contrary to law. Accordingly, Defendants’ and Plaintiff’s Objections are
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overruled.
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IT IS THEREFORE ORDERED that Jones’ Objection (Doc. #354) is OVERRULED.
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IT IS FURTHER THEREFORE ORDERED that Defendants’ Objection (Doc. #355) is
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OVERRULED.
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IT IS FURTHER ORDERED that Jones’ Motion for Expedited Ruling (Doc. #358) is
DENIED as moot.
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IT IS FURTHER ORDERED that Jones’ Motion to Strike (Doc. #367) is DENIED as
moot.
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IT IS SO ORDERED.
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DATED this 13th day of October, 2014.
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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE
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