(PC) Bland v. Rodriguez ( 2021 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JOSHUA BLAND, Case No. 1:20-cv-00478-DAD-EPG (PC) 10 Plaintiff, ORDER REQUIRING PARTIES TO EXCHANGE DOCUMENTS 11 v. ORDER REQUIRING PLAINTIFF TO 12 ROBERT RODRIGUEZ, et al., PROVIDE DEFENSE COUNSEL WITH HIS INITIAL DISCLOSURES 13 Defendant(s). 14 15 Joshua Bland (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in 16 this civil rights action filed pursuant to 42 U.S.C. § 1983. 17 On January 27, 2021, the Court issued an order requiring the parties to file scheduling 18 conference statements and exchange initial disclosures. (ECF No. 43). The parties have now 19 filed their scheduling conference statements. (ECF Nos. 52 & 54).1 Defendants state that they 20 provided their initial disclosures. (ECF No. 52, p. 2). Despite being informed of his obligation 21 to provide Defendants with his initial disclosures on three separate occasions (ECF Nos. 43, 48, 22 & 53), Plaintiff did not provide initial disclosures. Instead, he stated that he “has nothing to 23 disclose….” (ECF No. 54, p. 3). However, he does mention certain documents and at least one 24 potential individual who has information that he may use to support his claims. 25 The Court has reviewed this case and the parties’ statements. In an effort to secure the 26 1 In his statement Plaintiff asks the Court to take judicial notice of a prior case, in which officers allegedly 27 failed to protect him. (ECF No. 54, p. 4). Additionally, he submitted grievances in that case, “to no avail.” (Id.). As Plaintiff does not explain how what occurred in his previous case is relevant to this case at this time, this 28 request is DENIED without prejudice. 1 just, speedy, and inexpensive disposition of this action,2 the Court will direct that certain 2 documents that are central to the dispute be promptly produced.3 3 Accordingly, IT IS ORDERED that: 4 1. Each party has sixty days from the date of service of this order to serve opposing 5 parties, or their counsel, if represented, with copies of the following documents 6 and/or evidence that they have in their possession, custody, or control, to the 7 extent the parties have not already done so:4 8 a. Documents regarding exhaustion of Plaintiff’s claims, including 602s, 9 Form 22s, and responses from the appeals office. 10 b. All documents regarding the Rules Violation Report associated with the 11 incident(s) alleged in the complaint, including disciplinary charges and 12 findings. 13 c. Witness statements and evidence that were generated from 14 investigation(s) related to the event(s) at issue in the complaint, such as 15 an investigation stemming from the processing of Plaintiff’s 16 grievance(s).5 17 d. Incident reports regarding the use of force incident(s) alleged in the 18 complaint, if any. 19 2. If any party obtains documents and/or other evidence described above later in 20 2 See, e.g., United States v. W.R. Grace, 526 F.3d 499, 508–09 (9th Cir. 2008) (“We begin with the 21 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 22 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 23 adequately and timely prepared so that the trial can proceed efficiently and intelligibly.”). 3 Advisory Committee Notes to 1993 Amendment to Federal Rules of Civil Procedure regarding Rule 24 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.”). 25 4 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. 26 5 See Woodford v. Ngo, 548 U.S. 81, 94-95 (2006) (“[P]roper exhaustion improves the quality of those prisoner suits that are eventually filed because proper exhaustion often results in the creation of an administrative 27 record that is helpful to the court. When a grievance is filed shortly after the event giving rise to the grievance, witnesses can be identified and questioned while memories are still fresh, and evidence can be gathered and 28 preserved.”). 1 the case from a third party, that party shall provide all other parties with copies 2 the documents and/or evidence within thirty days. 3 3. Parties do not need to produce documents or evidence that they have already 4 produced. 5 4. Parties do not need to produce documents or evidence that were provided to 6 them by the opposing party. 7 5. Parties may object to producing any of the above-listed documents and/or 8 evidence. Objections shall be filed with the Court and served on all other parties 9 within sixty days from the date of service of this order (or within thirty days of 10 receiving additional documents and/or evidence). The objection should include 11 the basis for not providing the documents and/or evidence. If Defendant(s) 12 object based on the official information privilege, Defendant(s) shall follow the 13 procedures described in the Court’s scheduling order. If a party files an 14 objection, all other parties have fourteen days from the date the objection is filed 15 to file a response. If any party files a response to an objection, the Court will 16 issue a ruling on the objection. 17 Additionally, as Plaintiff has documents and at least one individual to disclose, 18 IT IS ORDERED that Plaintiff has thirty days from the date of service of this order to serve 19 Defendants’ counsel with his initial disclosures. As discussed in the Court’s prior order (ECF 20 No. 43), Plaintiff shall provide Defendants’ counsel with “[t]he name and, if known, the 21 address and telephone number of each individual likely to have discoverable information−along 22 with the subjects of that information−that [Plaintiff] may use to support [his] claims or 23 defenses, unless the use would be solely for impeachment.” (Id. at 3). Plaintiff shall also 24 provide Defendants’ counsel with a “copy−or a description by category and location−of all 25 documents, electronically stored information, and tangible things that [Plaintiff] has in [his] 26 possession, custody, or control and may use to support [his] claims or defenses, unless the use 27 would be solely for impeachment.” (Id.). 28 \\\ 1 If Plaintiff fails to provide Defendants’ counsel with his initial disclosures, Defendants 2 || have leave to move for sanctions, up to and including dismissal of this case for failure to 3 || prosecute and failure to comply with court orders. 4 5 IT IS SO ORDERED. ° ll Dated: _May 14, 2021 [see hey 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28