(PC) Bland v. Salazar ( 2021 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JOSHUA D. BLAND, Case No. 1:19-cv-01499-NONE-EPG (PC) 10 Plaintiff, ORDER REQUIRING PARTIES TO EXCHANGE DOCUMENTS 11 v. 12 REUBEN A. SALAZAR II, 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 August 30, 2021, the Court issued an order requiring the parties to file scheduling 18 and discovery statements. (ECF No. 51). The parties have now filed their statements. (ECF 19 Nos. 54 & 55). 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 claim, including 602s, 7 Form 22s, and responses from the appeals office. 8 b. Receipts and serial numbers for Plaintiff’s hearing aids. 9 c. Medical records regarding Plaintiff’s hearing aids and repairs from 10 March 1, 2014, through March 1, 2016. 11 d. Plaintiff’s mail records from March 1, 2014, through March 1, 2016. 12 e. Plaintiff’s inmate account statements from March 1, 2014, through 13 March 1, 2016. 14 2. If any party obtains documents and/or other evidence described above later in 15 the case from a third party, that party shall provide all other parties with copies 16 of the documents and/or evidence within thirty days. 17 3. Parties do not need to produce documents or evidence that they have already 18 produced. 19 4. Parties do not need to produce documents or evidence that were provided to 20 them by the opposing party. 21 5. Parties may object to producing any of the above-listed documents and/or 22 evidence. Objections shall be filed with the Court and served on all other parties 23 within sixty days from the date of service of this order (or within thirty days of 24 receiving additional documents and/or evidence). The objection should include 25 3 Defense counsel is requested to obtain these documents from Plaintiff’s institution(s) of confinement. If 26 defense counsel is unable to do so, defense counsel should inform Plaintiff that a third party subpoena is required. As Defendant has indicated that “a third-party subpoena directed to CDCR may be necessary to obtain certain 27 relevant documents that are not in Defendant’s possession or control,” (ECF No. 54, p. 3), Plaintiff may file a request for the issuance of a subpoena duces tecum for documents in the possession, custody, or control of the 28 California Department of Corrections and Rehabilitation without first requesting those documents from Defendant. 1 the basis for not providing the documents and/or evidence. If Defendant(s) 2 object based on the official information privilege, Defendant(s) shall follow the 3 procedures described in the Court’s scheduling order. Ifa party files an 4 objection, all other parties have fourteen days from the date the objection is filed 5 to file a response. If any party files a response to an objection, the Court will 6 issue a ruling on the objection. 7 g IT IS SO ORDERED. ° |! Dated: _ October 13, 2021 [Jee hey 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28