Manley v. State of Nevada et al
Filing
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ORDER denying Plaintiff's 223 , 240 , 262 , and 276 Objections. Signed by Judge Robert C. Jones on 9/10/2014. (Copies have been distributed pursuant to the NEF - KR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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CHARLES MANLEY,
Plaintiff,
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vs.
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ALAN ZIMMER, et al.,
Defendants.
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3:11-cv-00636-RCJ-WGC
ORDER
Plaintiff filed four motions (ECF Nos. 223, 240, 262, 276) asking the Court to reconsider
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various discovery rulings made by the magistrate judge. For the reasons set forth below,
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Plaintiff’s motions are DENIED.
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I.
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PROCEDURAL HISTORY AND FACTS
At all times relevant to Plaintiff’s complaint, he was an inmate being held by the Nevada
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Department of Corrections (“NDOC”) and housed at the Ely State Prison. On July 22, 2011,
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Plaintiff filed suit in White Pine County, Nevada claiming that Defendants were responsible for
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failing to protect Plaintiff and for using excessive force on Plaintiff as he was transferred to a
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different cell following a fight with another inmate. (Compl. 1, ECF No. 1 Ex. 1). Defendants
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then removed the case to this Court. (Notice of Removal, ECF No. 1). The parties have
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experienced a number of discovery disputes over which the magistrate judge has ruled.
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Specifically at issue here are the magistrate judge’s orders dated February 20, 2014 (“February
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Order”), April 17, 2014 (“April Order”), June 13, 2014 (“June Order”), and August 4, 2014
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(“August Order”).
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A. February Order
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The February Order dealt with Plaintiff’s Motion to Compel (ECF No. 161) and his
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Motion to Determine the Sufficiency of the Defendants’ Answer (ECF No. 163). The Motion to
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Compel asserted that Defendants should be ordered by the Court to provide information and
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documentation regarding their insurance policies, sources of income, financial debt, and assets.
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(Pl.’s Mot. to Compel 5–7, ECF No. 161). Plaintiff argued that Defendants’ financial
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information was relevant as well as discoverable under Nev. Rev. Stat. 41.0349. (Reply to
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Defs.’s Opp’n to Pl.’s Mot. to Compel 3–4, ECF No. 188). The magistrate denied Plaintiff’s
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Motion as to each of these requests and also found Nev. Rev. Stat. 41.0349 to be inapplicable to
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the parties’ dispute. (Feb. 20, 2014 Mins. of Proceedings 2, ECF No. 219). The magistrate judge
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stated that if Plaintiff successfully demonstrated prima facie evidence of a punitive damage
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claim, he would revisit the ruling regarding Defendants’ assets. (Id.).
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The magistrate judge next considered interrogatories that were served on Defendant
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Baker. The first interrogatory sought all instances in which Defendants had used “force” since
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January 2003 (Pl.’s Mot. to Compel 8). The magistrate judge found this request to be unduly
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burdensome because it would require a review of close to 1000 incident reports. (Feb. 20, 2014
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Mins. of Proceedings 3). The magistrate judge also ruled that the responses were duplicative of
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what had previously been requested or irrelevant. (Id. at 3). Other interrogatories sought
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information regarding medical documents, medical insurance policies, and documents
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maintained by the Inspector General. (Pl.’s Mot. to Compel 10). In these instances, the
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magistrate judge ruled that Plaintiff either had equal access to the documents through appropriate
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NDOC procedures or that Defendant Baker did not have authorization to access the records.
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(Feb. 20, 2014 Mins. of Proceedings 3–4). Finally, the magistrate judge denied Plaintiff’s
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request that Defendants Baker and McDaniel make certain admissions as to Plaintiff’s medical
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records. (Id. at 5). The magistrate judge determined that even if these defendants had access to
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the records, it would be inappropriate to require them to interpret the records. (Id.). Thus, the
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Defendants were not required to supplement their responses to Plaintiff’s previous requests for
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admission. (Id.).
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B. April Order
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The April Order dealt in part with whether Plaintiff’s Motion for Order Requiring
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Defendants to Accept and Answer Discovery Requests (ECF No. 170) should be granted. The
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issue was whether the magistrate judge should compel Defendants to respond to Plaintiff’s
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seventh and eighth sets of Requests for the Production of Documents. (Apr. 17, 2014 Order 7,
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ECF No. 236). The seventh set was given to Defendants’ counsel on November 15, 2013 and the
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eighth set was mailed on November 20, 2013 (Id.). Plaintiff argued that since his requests were
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made prior to the November 27, 2013 discovery cut-off deadline, Defendants were compelled to
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answer by that deadline. (Pl.’s Mot. for Order Requiring Defs. to Accept and Answer Disc.
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Reqs. 3). The magistrate judge pointed out that the rule of the District is that written discovery
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requests must be made thirty days prior to the discovery deadline so that the opposing party has
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sufficient time to respond. (Apr. 17, 2014 Order 8). Nevertheless, the magistrate judge
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considered the totality of the circumstances surrounding the requests before making his ruling.
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The magistrate judge determined that certain requests pertaining to depositions taken
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during a lawsuit against Defendant McDaniel in 2000, an interoffice memorandum relating to
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NDOC administration regulations, and the make and model of the prison’s audio visual cameras
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were all of “questionable relevance.” (Id. at 11–12). The magistrate judge also noted that if
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discovery were allowed to proceed with these additional sets, it would delay the Court from
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proceeding with dispositive motions. (Id. at 12). By weighing the relevancy and inevitable delay
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with the burden that compelling additional answers would place on Defendants, and considering
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the extensive discovery that had already taken place, the magistrate judge ruled in his discretion
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that precluding the discovery sought in the seventh and eighth sets “would not unduly restrict the
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truth-seeking function imposed on this court.” (Id.).
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C. June Order
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In his June Order, the magistrate judge granted Defendants’ motion for an extension of
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time to file a reply to Plaintiff’s opposition to Defendants’ Motion for Summary Judgment. (Jun.
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13, 2014 Mins. of Proceedings 2, ECF No. 261). The Court extended Defendants deadline to
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July 15, 2014 due to the extensive nature of Plaintiff’s opposition and cross motion. (Id.)
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D. August Order
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The August Order dealt with two motions made by Plaintiff, a Motion to Hold
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Defendants’ Counsel in Contempt (ECF No. 251) and a Motion for Court Order Transcribing the
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May 16, 2014 Court Hearing (ECF No. 263). In the April Order, the magistrate judge had
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ordered Defendants to supplement certain responses made to Plaintiff’s discovery requests. (Apr.
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17, 2014 Order at 26–27). The magistrate judge directed Defendants to produce the 2009 NDOC
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policies and procedures relevant to Plaintiff’s complaint and the training manual used to instruct
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officers on proper cell extraction, as well as records of an interview between Defendant
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Thompson and the inmate with whom Plaintiff fought on the day of the incident. (Id. at 27).
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These supplemental responses were due by May 2, 2014. (Id.). At a subsequent hearing held on
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May 16, 2014, the magistrate judge found that Defendants had complied with the April 17th
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order except that the NDOC training manual had not yet been produced. (May 16, 2014 Mins. of
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Proceedings 3–4, ECF No. 249). Defendants stated that they partially complied by making
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relevant portions of the policies and procedures available for Plaintiff’s review in the warden’s
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office, but that the training manual had just recently been retrieved from archives and Defendants
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were currently identifying which policies were actually in place in 2009. (Id. at 3). Defendants
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also insisted that they had sent “Defendants’ Third Supplemental Response to Plaintiff’s Request
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for Production of Documents” on May 2, 2014 providing the responses in compliance with the
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April 17th order and explaining to Plaintiff why the NDOC training manual had not yet been
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produced. (Id.).
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Plaintiff claimed that he did not receive any of the materials Defendants were ordered to
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send by the May 2nd deadline until after May 26, 2014. (Manley Decl. ¶ 13, ECF No. 251
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Ex. 1). His motion for contempt argued that this delay, in conjunction with Defendants’ failure
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to comply with the Court’s order during a May 16th hearing to “immediately” produce the
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documents in question, should be punished under Rule 37(b)(2)(A)(vii). (Pl.’s Mot. to Hold
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Defs.’s Counsel in Contempt 5, ECF No. 251). Plaintiff argued that Defendants’ actions caused
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him prejudice since he did not have access to documents he needed to properly prepare his
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opposition to the Defendants’ Motion for Summary Judgment. (Manley Decl. ¶ 13). Defendants
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replied that there was no contemptible conduct since they substantially complied with the
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discovery requests and the magistrate judge’s order by May 2nd. (Defs.’s Opp’n to Pl.’s Mot. to
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Hold Defs.’s Counsel in Contempt 5–7, ECF No. 257). In support of their argument, Defendants
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maintained that documents responsive to the discovery requests in question had been sent in two
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supplemental responses on May 2nd and that the NDOC training manual was personally
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delivered to Plaintiff on May 28, 2014 as “Defendants’ Fourth Supplemental Response.” (Id.
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Ex. A at 6, Ex. B).
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On July 24, 2014, the magistrate judge held a hearing on Plaintiff’s motions in which the
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Defendants claimed to have emailed on May 16, 2014 “Defendants’ Third Supplemental
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Response” along with a description of documents in compliance with the Court’s order from the
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hearing that day to the warden’s office, and Plaintiff indicated that he received those documents
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the same day. (Jul 24, 2014 Mins. of Proceedings 3, ECF No. 271). Plaintiff contended,
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however, that he did not receive any information relating to the 2009 cell extractions until May
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28, 2014, well after both the May 2nd deadline and the May 16th deadline. (Id.).
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As to contempt, the magistrate judge ruled that although Defendants had delayed
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discovery somewhat, Plaintiff provided insufficient evidence that Defendants’ had not
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substantially complied with the previous orders. (Aug. 4, 2014 Order 8, ECF No. 272). The
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magistrate judge further ruled that even if Defendants caused some delay, there was no prejudice
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to Plaintiff since the judge, upon learning that Plaintiff had not yet received all responsive
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documents, sua sponte issued a minute order giving Plaintiff until July 25, 2014 to supplement
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his dispositive motions. (Id. at 9–10). The magistrate judge also determined that the sanctions
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Plaintiff sought for Defendants’ alleged contempt would be inappropriate because there was no
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evidence that Plaintiff suffered any monetary loss beyond $26 from printing supplemental briefs
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to his dispositive motions, which the judge stated could be recouped from Defendants should
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Plaintiff ultimately prevail. (Id. at 10). The magistrate judge ruled that “in the exercise of its
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discretion, the court finds that Defendants’ counsel cannot properly be held in contempt.” (Id.).
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The magistrate judge also denied Plaintiff’s second motion. Plaintiff moved the court to
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order a production of the transcript of the May 16, 2014 hearing, later indicating that Defendants
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should bear the cost of production. (Jul. 25, 2014 Mins. of Proceedings 6). Plaintiff wanted the
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transcript so that he could use it to support his motion for contempt and sanctions against
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Defendants’ counsel. (Pl.’s Mot. for Ct. Order Transcribing May 16, 2014 Ct. Hr’g 2, ECF
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No. 263). Defendants responded that Plaintiff had other means of procuring the transcript
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besides a court order and that the minute order from the May 16th hearing was sufficiently
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detailed to reflect the Court’s instructions. (Defs.’s Opp’n to Pl.’s Mot. for Ct. Order
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Transcribing May 16, 2014 Ct. Hr’g 1–2, ECF No. 268). The magistrate judge ruled that it could
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not find any authority allowing it to order Defendants to pay for a production of transcript to be
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used by Plaintiff to support a motion. (Aug. 4, 2014 Order 11). Besides its apparent lack of
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authority, the Court also determined that the transcript was not necessary for the proper
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disposition of Plaintiff’s contempt motion because the minute order from the hearing was “more
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than adequate to address the instructions given to Defendants.” (Id.).
Plaintiff now asks the Court to reconsider and overrule the magistrate judge on each of
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these orders pursuant to Rule 72(a) and the corresponding local rules.
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II.
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DISCUSSION
A district judge may reconsider and set aside a pretrial discovery issue decided by the
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magistrate judge based on a showing that the ruling is “clearly erroneous or is contrary to law.”
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Fed. R. Civ. P. 72(a); see also LR IB 3-1(a). Under this standard, “the district judge must affirm
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the magistrate judge unless it is left with the definite and firm conviction that a mistake has been
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committed.” Ideal Elec. Co. v. Flowserve Corp., 230 F.R.D. 603, 606 (D. Nev. 2005) (citing
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Burdick v. Comm’r Internal Revenue Serv., 979 F.2d 1369, 1370 (9th Cir. 1992)) (internal
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quotations omitted). An order is contrary to law “when it fails to apply or misapplies relevant
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statutes, case law or rules of procedure.” Tompkins v. R.J. Reynolds Tobacco Co., 92 F. Supp. 2d
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70, 74 (N.D.N.Y. 2000). Based on this standard of review, the Court does not find any clear
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error in the orders challenged by Plaintiff’s motions or that any ruling is contrary to law.
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A. February Order
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Plaintiff’s contends that the February Order was erroneous because the magistrate denied
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his request for financial and medical records that Plaintiff argues Defendants’ either possess or
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have means to obtain. (Defs.’s Objections to Magistrate Judge Order 2–3, ECF No. 223).
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However, Rule 26(b) allows the trial court to limit the extent of discovery when the “burden or
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expense of the proposed discovery outweighs its likely benefit” or the discovery sought is
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duplicative of what can be obtained from other sources that are more convenient. Fed. R. Civ. P.
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26(b)(2)(C). The court, moreover, is vested with inherent authority to settle discovery disputes
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at its discretion. Crawford-El v. Britton, 523 U.S. 574, 598 (1998) (stating that “[r]ule 26 vests
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the trial judge with broad discretion to tailor discovery narrowly”); see also Little v. City of
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Seattle, 863 F.2d 681, 685 (9th Cir. 1988) (noting that “[t]he district court has wide discretion in
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controlling discovery”). If the court is deciding whether to limit discovery, it evaluates “the
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totality of the circumstances, weighing the value of the material sought against the burden of
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providing it, and taking into account society’s interest in furthering the truthseeking function in
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the particular case before the court.” Patterson v. Avery Dennison Corp., 281 F.3d 676, 681 (7th
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Cir. 2002) (citing Rowlin v. Alabama, 200 F.R.D. 459, 461 (M.D. Ala. 2001) (internal quotations
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omitted); see also Sanchez v. City of Santa Ana, 936 F.2d 1027, 1033 (9th Cir. 1990) (identifying
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that courts may limit the scope of discovery to avoid annoyance, embarrassment, oppression, or
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undue burden or expense).
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In its February Order, the magistrate judge exercised his discretion to find that the
financial records of the various Defendants were not relevant to Plaintiff’s claim of excessive
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force. The magistrate judge also determined that the medical records Plaintiff sought could just
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as conveniently be acquired by Plaintiff as by Defendants. Part of Plaintiff’s reasoning for
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having Defendants access the medical files was to have Defendant Baker and McDaniels
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interpret the information contained therein. The Court found that this type of request was not
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appropriate because these defendants are not medically trained. Seeking a lay party’s
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explanation of medical documents identified in a “Request for Admission” goes beyond the
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scope of admitting or denying the proposed assertions as required under Rule 36. Fed. R. Civ. P.
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36(a)(4). Rather, Plaintiff could call an expert witness to explain the relevant information to the
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jury after securing the files himself. The ruling to limit discovery as to these documents,
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therefore, is not clearly erroneous.
Plaintiff also argues that Nev. Rev. Stat. 41.0349 makes the Court’s ruling as to the
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financial records clearly erroneous because the State would be unable to indemnify Defendants
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should Plaintiff prevail. (Pl.’s Objections to Magistrate Judge Order 7). The law states that the
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State will indemnify its employees for suits brought against them unless the employee acted
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wantonly or maliciously. N.R.S. 41.0349. This statute at the present time is not relevant to
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Plaintiff’s request for Defendants’ financial information because the individual defendants’
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financial situations have no bearing on Plaintiff’s claim of excessive force.
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The magistrate judge’s ruling that Plaintiff’s interrogatory regarding instances in which
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Defendants used force against a prisoner since 2003 was unduly burdensome also fell well within
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its discretion. The magistrate determined that the burden of requiring Defendants to comb
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through all of the reports for any mention of “force” greatly outweighed any benefit that doing so
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might produce. See Fed. R. Civ. P. 26(b)(2)(C)(iii). The cases Plaintiff cites do not persuade the
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Court that this determination was clear error or contrary to controlling law.
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Finally, Plaintiff asks that the Court to certify the issues raised in his Objection to the
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February Order for interlocutory appeal under 28 U.S.C. § 1292(b). (Pl.’s Objections to
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Magistrate Judge Order 15). Section 1292(b) allows for certification where the district judge is
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of the opinion that the “order involves a controlling question of law as to which there is
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substantial ground for difference of opinion.” 28 U.S.C. § 1292(b); see also Couch v. Telescope
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Inc., 611 F.3d 629, 633 (9th Cir. 2010) (“Certification under § 1292(b) requires the district court
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to expressly find in writing that all three § 1292(b)requirements are met.”); In re Cement
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Antitrust Litig., 673 F.2d 1020, 1026 (9th Cir. 1981) (A district court may certify an order for
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interlocutory appellate review under Section 1292(b) only if all of the following three
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requirements are met: (1) there is a controlling question of law; (2) there are substantial grounds
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for difference of opinion; and (3) an immediate appeal may materially advance the ultimate
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termination of the litigation.). In the present dispute, there is simply no substantial ground for
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disagreement with respect to the February Order and the included discovery rulings.
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Accordingly, certification under § 1292(b) is improper.
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B. April Order
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Plaintiff’s Objection to the April Order states that he challenges the ruling “in its
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entirety.” (Pl.’s Objections to Magistrate Judge’s Apr. 17, 2014 Order 2, ECF No. 240).
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However, the Objection focuses on the ruling as it relates to Plaintiff’s seventh and eighth sets of
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his requests for the production of documents. (Id.). The Objection does not address the
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timeliness issue identified by the magistrate judge, focusing instead on why the requests made in
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those sets are important to Plaintiff’s ability to effectively respond to Defendants’ summary
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judgment motion. (Id. at 3–5).
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As previously stated, Rule 26(b) provides the trial court with discretion to narrow the
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scope of discovery. Crawford-El, 523 U.S. at 598. And the court should consider the totality of
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the circumstance before doing so, including whether the truthseeking function of discovery has
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been fulfilled. Patterson, 281 F.3d at 681. In his April Order, the magistrate judge summarized
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in a bulleted list the extensive discovery process the parties’ had engaged in, including Plaintiff’s
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eight requests for the production of documents, multiple sets of interrogatories with a request to
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extend the number of interrogatories per defendant to 100, multiple sets of requests for
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admission, and numerous motions asking the magistrate judge to compel Defendants’ answers.
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(Apr. 17, 2014 Order 2–6). It was against this background that the magistrate judge determined
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that the truthseeking discovery standard had been met. Notwithstanding this conclusion, the
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magistrate judge still ordered Defendants to produce certain other materials sought by Plaintiff as
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discussed below. (Id. at 31). Accordingly, the Court finds that Plaintiff was given ample time
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and opportunity to acquire from Defendants all unprivileged materials and information relevant
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to his failure to protect and excessive force claims. Any limit to discovery, therefore, imposed
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by the magistrate judge’s denial of Plaintiff’s Motion was not in clear error or contrary to law.
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C. June Order
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Plaintiff contends that the magistrate judge’s June Order should be overruled. The June
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Order granted Defendants an extension of time to reply to Plaintiff’s opposition to Defendants’
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summary judgment motion. (Pl.’s Objection to Magistrate Judge’s June 13, 2014 Order 1, ECF
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No. 262). The Defendants argued that the extension was needed due to the extensive nature of
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Plaintiff’s opposition and cross motion. (June 13, 2014 Mins. of Proceedings 1). The magistrate
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judge concluded that Defendants’ need constituted good cause for the extension. (Id.). Plaintiff
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argues that by giving an extension to the Defendants, the Court acted unfairly since it had
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previously denied Plaintiff’s request for an extension to draft his opposition to Defendants’
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summary judgment motion. (Pl.’s Objection to Magistrate Judge’s June 13, 2014 Order 3).
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Rule 6(b) states that “the court may, for good cause, extend the time” an act may or must
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be done. Fed. R. Civ. P. 6(b). The rule says that a court “may” extend the time, which means
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that the court “may not” grant extensions as well. In either case, it is the trial court’s
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responsibility to exercise its discretion in granting or denying extensions of time as it manages
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the progress of litigation. See Choi v. Chem. Bank, 939 F. Supp. 304, 309 (S.D.N.Y. 1996). The
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magistrate judge’s ruling in the June Order is a proper exercise of the authority and discretion
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granted by Rule 6(b). Therefore, the Court does not find clear error.
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D. August Order
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Plaintiff argues that the magistrate judge improperly denied his Motion to Hold
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Defendants’ Counsel in Contempt because undeniably Defendants failed to provide Plaintiff with
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a copy of the NDOC training manual by May 2nd. (Pl.’s Objection to Magistrate Judge’s August
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4, 2014 Order 3, ECF No. 276). The magistrate judge’s instructions were that Defendants should
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“produce the requested documents which pertain to 2009 training policies and NDOC procedures
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for cell extractions” and that “Defendants shall make these materials available to Plaintiff within
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fifteen (15) days of the date of this Order.” (Apr. 17, 2014 Order 31). Defendants sent a number
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of supplemental responses to Plaintiff on May 2nd, but the training manual was not delivered
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until May 28, 2014. (Defs.’s Opp’n to Pl.’s Mot to Hold Defs. Counsel in Contempt 3). This was
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clearly past the deadline set by the magistrate judge, but the he ruled that the production through
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Defendants’ other supplemental responses on May 2nd constituted substantial compliance with
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the order. In any event, the magistrate judge determined that Plaintiff suffered no prejudice due
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to Defendants’ delayed response given that the magistrate judge on his own chose to give
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Plaintiff more time to file supplements to his dispositive motions. (August 4, 2014 Order 8–9).
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The Court agrees with the magistrate judge. Where a party fails to comply with a
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discovery order, the court may treat the failure as contempt. Fed. R. Civ. P. 36(b)(2)(A)(vii).
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Again, the word “may” leaves it to the discretion of the trial court to decide whether a party or its
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attorney should be found in contempt. In issuing its ruling, the magistrate judge reviewed the
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various supplemental responses Defendants provided to Plaintiff and found that they
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substantially complied with his previous order. Since an order of civil contempt is designed to
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compel obedience, Go-Video, Inc. v. Motion Pictures Ass’n of Am., 10 F.3d 693, 695 (9th Cir.
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1993), the magistrate could have employed this tool if he believed it was necessary. Moreover, a
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finding of contempt here would not have compensated Plaintiff for any injuries allegedly caused
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by Defendants’ noncompliance. Id. at 696. The magistrate judge’s order extending Plaintiff’s
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deadline to file supplements to his dispositive motions cured any potential injury wrought by the
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delay. Any additional expenses that Plaintiff incurred in copying and filing the supplements can
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be recovered if he prevails in the case. Therefore, the Court does not see any clear error in the
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magistrate judge’s order denying Plaintiff’s contempt motion.
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Plaintiff next argues that the magistrate judge erred by not ordering the production of a
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transcript from the May 16, 2014 hearing because he feels that the minute order does not reflect
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all that occurred there. (Pl.’s Objection to the Magistrate Judge’s Aug. 4, 2014 Order 10). For
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instance, Plaintiff alleges that the magistrate judge ordered Defendants to provide additional
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declarations and that they failed to do so. (Id. at 6). Plaintiff believes this would have supported
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his contempt motion. (Id.). Plaintiff does not explain, however, why Defendants should pay for
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the creation of a transcript to support the arguments in Plaintiff’s motion or why an AO 435 form
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would not have worked to secure him a copy. Accordingly, the Court does not see any clear
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error in the magistrate judge’s denial of this motion or its direction to Plaintiff to seek a copy of
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the transcript through an AO 435 form at his own expense.
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CONCLUSION
IT IS HEREBY ORDERED that Plaintiff’s Objections (ECF Nos. 223, 240, 262, 276) are
DENIED.
IT IS SO ORDERED.
Dated: _______________________
September 10, 2014.
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_____________________________________
ROBERT C. JONES
United States District Judge
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