(PC) Harris v. Restivo ( 2021 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 DEVONTE B. HARRIS, Case No. 1:20-cv-00797-NONE-EPG (PC) 10 Plaintiff, ORDER REQUIRING PARTIES TO EXCHANGE DOCUMENTS 11 v. 12 A. RESTIVO, et al., 13 Defendant(s). 14 15 Devonte Harris (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 16 action filed pursuant to 42 U.S.C. § 1983. 17 On May 18, 2021, the Court issued an order requiring the parties to file scheduling and 18 discovery statements. (ECF No. 25). The parties have now filed their statements. (ECF Nos. 19 28 & 30). 20 The Court has reviewed this case and the parties’ statements. In an effort to secure the 21 just, speedy, and inexpensive disposition of this action,1 the Court will direct that certain 22 documents that are central to the dispute be promptly produced.2 23 24 1 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 25 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 26 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.”). 27 2 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 Accordingly, IT IS ORDERED that: 2 1. Each party has sixty days from the date of service of this order to serve opposing 3 parties, or their counsel, if represented, with copies of the following documents 4 and/or evidence that they have in their possession, custody, or control, to the 5 extent the parties have not already done so:3 6 a. Documents regarding exhaustion of Plaintiff’s claims, including 602s, 7 Form 22s, and responses from the appeals office. 8 b. All documents regarding the Rules Violation Report(s) associated with 9 the incident(s) alleged in the complaint, including disciplinary charges 10 and findings. 11 c. Witness statements and evidence4 that were generated from 12 investigation(s) related to the event(s) at issue in the complaint, such as 13 an investigation stemming from the processing of Plaintiff’s 14 grievance(s).5 15 d. All of Plaintiff’s medical and mental health records related to the 16 allegations at issue in the case. 17 2. If any party obtains documents and/or other evidence described above later in 18 the case from a third party, that party shall provide all other parties with copies 19 of the documents and/or evidence within thirty days. 20 3. Parties do not need to produce documents or evidence that they have already 21 produced. 22 23 3 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. 24 4 This includes witness statements and/or evidence generated from Confidential Inquiries that were prepared in connection with investigations concerning appeals submitted by Plaintiff. However, this does not 25 include the results of any such Inquiries. It only includes witness statements and/or evidence gathered during those Inquiries. 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 4. Parties do not need to produce documents or evidence that were provided to 2 them by the opposing party. 3 5. Parties may object to producing any of the above-listed documents and/or 4 evidence. Objections shall be filed with the Court and served on all other parties 5 within sixty days from the date of service of this order (or within thirty days of 6 receiving additional documents and/or evidence). The objection should include 7 the basis for not providing the documents and/or evidence. If Defendant(s) 8 object based on the official information privilege, Defendant(s) shall follow the 9 procedures described in the Court’s scheduling order. Ifa party files an 10 objection, all other parties have fourteen days from the date the objection is filed 11 to file a response. If any party files a response to an objection, the Court will 12 issue a ruling on the objection. 13 14 IT IS SO ORDERED. Sl Dated: _ August 10, 2021 [see hey 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28