Brown v. Washington Department of Corrections et al

Filing 49

ORDER granting 45 Motion to Compel to the extent that defendants are ordered to provide the outstanding discovery within fourteen days of this order. The Court also orders defendants to show cause within 14 days why expenses including attorney's fees for bringing this motion should not be granted. Signed by Magistrate Judge J Richard Creatura.(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ELDORADO BROWN,

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Plaintiff,
v.
WASHINGTON DEPARTMENT OF
CORRECTIONS, et al.,

CASE NO. C13-5367 RBL-JRC
ORDER GRANTING PLAINTIFF’S
MOTION TO COMPEL
DISCOVERY

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Defendants.
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The District Court has referred this civil rights action to United States Magistrate Judge J.

17 Richard Creatura. The authority for the referral is 28 U.S.C. § 636(b)(1)(A) and (B), and local
18 Magistrate Judge Rules MJR3 and MJR4.
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Plaintiff asks the Court to compel defendants to provide responses to outstanding requests

20 for inspection and production of documents (Dkt. 45). Defendants have not responded to
21 plaintiff’s motion. In the absence of any response, the Court grants plaintiff’s motion to the
22 extent that defendants are ordered to provide the outstanding discovery within fourteen days of
23 this order. Plaintiff’s counsel outlines the steps that he has taken to try to obtain documents in
24 this case (Dkt. 45 and 46). Counsel states that there have been two Fed. R. Civ. P. 26 discovery
ORDER GRANTING PLAINTIFF’S MOTION TO
COMPEL DISCOVERY - 1

1 conferences, one in September of 2013 with Assistant Attorney General Minjares, and one in
2 January of 2014 with Assistant Attorney General Glen Anderson (Dkt. 45, p. 2). Plaintiff’s
3 counsel states that Mr. Anderson agreed that defendants would provide responses to the
4 outstanding request for production of documents by February 20, 2014 (Dkt. 45, p. 2). Plaintiff’s
5 counsel states that on March 3, 2014, he e-mailed defendants’ counsel in a last attempt to obtain
6 the discovery. Plaintiff’s counsel states that he told defense counsel that if he did not have the
7 discovery by March 6, 2014, he would file a motion to compel (Dkt. 45). Defendants have not
8 responded to the motion to compel or challenged plaintiff’s assertions of fact.
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The Court finds that plaintiff’s counsel has substantially complied with this Court’s rules

10 regarding meeting and conferring prior to bringing a motion to compel.
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Defendants’ failure to comply with this order may result in sanctions. Pursuant to Fed. R.

12 Civ. P. 37(a)(5)(A) the Court also orders defendants to show cause within fourteen days why
13 expenses including attorney’s fees for bringing this motion should not be granted.
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Dated this 16th day of April, 2014.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING PLAINTIFF’S MOTION TO
COMPEL DISCOVERY - 2