(PC) Washington v. Yaplee ( 2021 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ROBERT WASHINGTON, Case No. 1:20-cv-01356-EPG (PC) 10 Plaintiff, ORDER REQUIRING PARTIES TO EXCHANGE DOCUMENTS 11 v. 12 STEVEN M. YAPLEE, 13 Defendant(s). 14 15 Robert Washington (“Plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. 17 On April 13, 2021, the Court issued an order requiring the parties to file scheduling and 18 discovery statements. (ECF No. 23). The parties have now filed their statements. (ECF Nos. 19 25 & 26). 20 The Court has reviewed this case and the parties’ statements.1 In an effort to secure the 21 just, speedy, and inexpensive disposition of this action,2 the Court will direct that certain 22 \\\ 23 24 1 In his statement, Plaintiff states that he needs to wait for counsel to be appointed “in order to go through the discovery process.” (ECF No. 25, p. 9). This is incorrect. Discovery will be opened in a separate order, and 25 Plaintiff may serve Defendant’s counsel with discovery requests. 2 See, e.g., United States v. W.R. Grace, 526 F.3d 499, 508–09 (9th Cir. 2008) (“We begin with the 26 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 27 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 28 adequately and timely prepared so that the trial can proceed efficiently and intelligibly.”). 1 documents that are central to the dispute be promptly produced.3 2 Accordingly, IT IS ORDERED that: 3 1. Each party has sixty days from the date of service of this order to serve opposing 4 parties, or their counsel, if represented, with copies of the following documents 5 and/or evidence that they have in their possession, custody, or control, to the 6 extent the parties have not already done so: 7 a. All of Plaintiff’s medical records related to the incident and/or condition 8 at issue in the case. 9 2. If any party obtains documents and/or other evidence described above later in 10 the case from a third party, that party shall provide all other parties with copies 11 of the documents and/or evidence within thirty days. 12 3. Parties do not need to produce documents or evidence that they have already 13 produced. 14 4. Parties do not need to produce documents or evidence that were provided to 15 them by the opposing party. 16 5. Parties may object to producing any of the above-listed documents and/or 17 evidence. Objections shall be filed with the Court and served on all other parties 18 within sixty days from the date of service of this order (or within thirty days of 19 receiving additional documents and/or evidence). The objection should include 20 the basis for not providing the documents and/or evidence. 21 \\\ 22 \\\ 23 \\\ 24 \\\ 25 \\\ 26 27 3 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 28 local rule that the parties disclose additional information without a discovery request.”). 1 If Defendant(s) object based on the official information privilege, Defendant(s) 2 shall follow the procedures described in the Court’s scheduling order. If a party 3 files an objection, all other parties have fourteen days from the date the 4 objection is filed to file a response. If any party files a response to an objection, 5 the Court will issue a ruling on the objection. 6 ; IT IS SO ORDERED. ll Dated: _ June 1, 2021 [see hey □□ 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28