(PC) Sharpe v. Sherman ( 2020 )

1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 ADAM SHARPE. CASE NO. 1:19-cv-00711-DAD-EPG (PC) 10 Plaintiff, DISCOVERY ORDER CONCERNING 11 THIRD-PARTY MEDICAL RECORDS FOLLOWING SCHEDULING CONFERENCE 12 v. ORDER FOR CLERK TO PROVIDE 13 ADDITIONAL COPY OF FIRST STU SHERMAN, et al., INFORMATIONAL ORDER TO PLAINTIFF 14 Defendants. (ECF NO. 3) 15 16 17 18 On June 8, 2020, the Court held a Rule 16 telephonic scheduling conference. During the 19 conference, and based on discussion with the parties and review of the scheduling conference 20 statements, the Court determined that any third-party medical records obtained by any party 21 should be shared with all parties. Neither party had an objection to such an order. 22 In addition, Plaintiff Adam Sharpe asked about case resources. The Court notes that the 23 First Informational Order in Prisoner/Civil Detainee Civil Rights Case (ECF No. 3) contains 24 some additional information. The Court will direct the Clerk of Court to provide an additional 25 copy of that order to Plaintiff. 26 27 28 4.6490 UV AERA ER NS VUITTON ey Oye 1 Accordingly, to secure the just, speedy, and inexpensive disposition of this action,! and 2 | after consideration of Federal Rule of Civil Procedure 26(b)(1),” IT IS ORDERED* that: 3 1. Inthe event any party receives third-party discovery concerning medical records in this 4 litigation, such party will provide copies of the discovery to all other parties. The parties 5 do not have to re-produce documents they have already produced. 6 2. The Clerk of Court is hereby respectfully ORDERED to send an additional copy of the 7 First Informational Order in Prisoner/Civil Detainee Civil Rights Case (ECF No. 3) to 8 Plaintiff. 9 10 IT IS SO ORDERED. 1 | Dated: _ June 8, 2020 [Je Shy □□ UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 ! 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 18 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 19 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.”). 20 2 Federal Rule of Civil Procedure 26 provides that “[p]arties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case, 21 considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the 22 burden or expense of the proposed discovery outweighs its likely benefit.” Fed. R. Civ. P. 26(b)(1). “Information within this scope of discovery need not be admissible in evidence to be discoverable.” Id. 23 3 Pursuant to Federal Rule of Civil Procedure 16, “[a]t any pretrial conference, the court may consider and take appropriate action on the following matters: . . . controlling and scheduling discovery, including orders affecting 24 disclosures and discovery under Rule 26 and Rules 29 through 37” and “facilitating in other ways the just, speedy, and inexpensive disposition of the action.” Fed. R. Civ. P. 16(c)(2)(F). See also Little v. City of Seattle, 863 F.2d 681, 685 25 (9th Cir. 1988) (“The district court has wide discretion in controlling discovery.”). Federal Rule of Civil Procedure 16 vests the district court with early control over cases “toward a process of judicial management that embraces the entire 26 pretrial phase, especially motions and discovery.” In re Arizona, 528 F.3d 652, 655 (9th Cir. 2008) (affirming district court’s requiring that prison officials prepare a Martinez report to give detailed factual information involving a prisoner’s suit under 42 U.S.C. § 1983 and stating “district courts have wide latitude in controlling discovery.”). See 27 also 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 28 the parties disclosed additional information without a discovery request.”).