Opinion
1:20-cv-00173-DAD-EPG (PC)
06-01-2021
BENJAMIN VANFOSSAN, Plaintiff, v. ARNEL DELOS SANTOS, et al., Defendants.
ORDER REQUIRING PARTIES TO EXCHANGE DOCUMENTS
Benjamin VanFossan (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983.
On February 9, 2021, the Court issued an order requiring the parties to file scheduling conference statements and exchange initial disclosures. (ECF No. 28). While the Court later vacated the scheduling conference, it retained the requirement for the parties to file scheduling conference statements and exchange initial disclosures. (ECF No. 30). The parties have now filed their scheduling conference statements. (ECF Nos. 36 & 39).
Defendants state that they provided their initial disclosures. (ECF No. 39, p. 9). However, Defendants state that they have not received any initial disclosures from Plaintiff. (Id.).
The Court has reviewed this case and the parties' statements. In an effort to secure the just, speedy, and inexpensive disposition of this action, the Court will direct that certain documents that are central to the dispute be promptly produced.Accordingly, IT IS ORDERED that:
See, e.g., United States v. W.R. Grace, 526 F.3d 499, 508-09 (9th Cir. 2008) (“We begin with the principle that the district court is charged with effectuating the speedy and orderly administration of justice. There is universal acceptance in the federal courts that, in carrying out this mandate, a district court has the authority to enter pretrial case management and discovery orders designed to ensure that the relevant issues to be tried are identified, that the parties have an opportunity to engage in appropriate discovery and that the parties are adequately and timely prepared so that the trial can proceed efficiently and intelligibly.”).
Advisory Committee Notes to 1993 Amendment to Federal Rules of Civil Procedure regarding Rule 26(a) (“The enumeration in Rule 26(a) of items to be disclosed does not prevent a court from requiring by order or local rule that the parties disclose additional information without a discovery request.”).
1. Each party has sixty days from the date of service of this order to serve opposing parties, or their counsel, if represented, with copies of the following documents and/or evidence that they have in their possession, custody, or control, to the extent the parties have not already done so:
Defense counsel is requested to obtain these documents from Plaintiff's institution(s) of confinement. If defense counsel is unable to do so, defense counsel should inform Plaintiff that a third party subpoena is required.
a. Documents regarding exhaustion of Plaintiff's claims, including 602s, Form 22s, and responses from the appeals office.
b. All documents regarding the Rules Violation Report associated with the incident(s) alleged in the complaint, including disciplinary charges and findings.
c. Witness statements and evidence that were generated from investigation(s) related to the event(s) at issue in the complaint.
2. If any party obtains documents and/or other evidence described above later in the case from a third party, that party shall provide all other parties with copies of the documents and/or evidence within thirty days.
3. Parties do not need to produce documents or evidence that they have already produced.
4. Parties do not need to produce documents or evidence that were provided to them by the opposing party.
5. Parties may object to producing any of the above-listed documents and/or evidence. Objections shall be filed with the Court and served on all other parties within sixty days from the date of service of this order (or within thirty days of receiving additional documents and/or evidence). The objection should include the basis for not providing the documents and/or evidence. If Defendant(s) object based on the official information privilege, Defendant(s) shall follow the procedures described in the Court's scheduling order. If a party files an objection, all other parties have fourteen days from the date the objection is filed to file a response. If any party files a response to an objection, the Court will issue a ruling on the objection.
Additionally, IT IS ORDERED that Plaintiff has thirty days from the date of service of this order to serve Defendants' counsel with his initial disclosures. As discussed in the Court's prior order (ECF No. 28), Plaintiff shall provide Defendants' counsel with “[t]he name and, if known, the address and telephone number of each individual likely to have discoverable information-along with the subjects of that information-that [Plaintiff] may use to support [his] claims or defenses, unless the use would be solely for impeachment.” (Id. at 3). Plaintiff shall also provide Defendants' counsel with a “copy-or a description by category and location-of all documents, electronically stored information, and tangible things that [Plaintiff] has in [his] possession, custody, or control and may use to support [his] claims or defenses, unless the use would be solely for impeachment.” (Id.).
IT IS SO ORDERED.