(PC) Grant v. Borges ( 2021 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 RUSSELL S. GRANT, Case No. 1:20-cv-00908-NONE-EPG (PC) 10 Plaintiff, ORDER REQUIRING PARTIES TO EXCHANGE DOCUMENTS 11 v. 12 D. RIOS, 13 Defendant(s). 14 15 Russell Grant (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis in this 16 civil rights action filed pursuant to 42 U.S.C. § 1983. 17 On December 7, 2020, the Court issued an order requiring the parties to file scheduling 18 conference statements and exchange initial disclosures. (ECF No. 21). The parties have now 19 filed their scheduling conference statements.1 (ECF Nos. 24 & 32). Additionally, both parties 20 have stated that they provided their initial disclosures. (ECF No. 24, pgs. 2-3; ECF No. 32, 21 pgs. 5-6). 22 The Court has reviewed this case and the parties’ statements. In an effort to secure the 23 just, speedy, and inexpensive disposition of this action,2 the Court will direct that certain 24 1 Given Plaintiff’s alleged issues with making copies, defense counsel filed Plaintiff’s statement with the 25 Court. (ECF No. 32). The Court thanks defense counsel for doing so. 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:4 7 a. Documents regarding exhaustion of Plaintiff’s claims, including 602s, 8 Form 22s, and responses from the appeals office. 9 b. Witness statements and evidence5 that were generated from 10 investigation(s) related to the event(s) at issue in the complaint, such as 11 an investigation stemming from the processing of Plaintiff’s 12 grievance(s).6 13 2. If any party obtains documents and/or other evidence described above later in 14 the case from a third party, that party shall provide all other parties with copies 15 of the documents and/or evidence within thirty days. 16 3. Parties do not need to produce documents or evidence that they have already 17 produced. 18 4. Parties do not need to produce documents or evidence that were provided to 19 them by the opposing party. 20 5. Parties may object to producing any of the above-listed documents and/or 21 22 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 23 local rule that the parties disclose additional information without a discovery request.”). 4 Defense counsel is requested to obtain these documents from Plaintiff’s institution(s) of confinement. If 24 defense counsel is unable to do so, defense counsel should inform Plaintiff that a third party subpoena is required. 5 Defendant indicated in his statement that at least one of these documents has already been produced to 25 Plaintiff. (ECF No. 24, p. 3). As stated above, Defendant does not need to produce documents or evidence that he already produced. 26 6 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 evidence. Objections shall be filed with the Court and served on all other parties 2 within sixty days from the date of service of this order (or within thirty days of 3 receiving additional documents and/or evidence). The objection should include 4 the basis for not providing the documents and/or evidence. If Defendant(s) 5 object based on the official information privilege, Defendant(s) shall follow the 6 procedures described in the Court’s scheduling order. Ifa party files an 7 objection, all other parties have fourteen days from the date the objection is filed 8 to file a response. If any party files a response to an objection, the Court will 9 issue a ruling on the objection. 10 ul IT IS SO ORDERED. 12 | Dated: _ August 10, 2021 [sf ey — 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28