(PC) Mitchell v. Diaz ( 2023 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JOHN E. MITCHELL, Case No. 1:22-cv-00006-JLT-EPG (PC) 10 Plaintiff, ORDER REQUIRING PARTIES TO EXCHANGE DOCUMENTS 11 v. 12 T. RODRIGUEZ, 13 Defendant(s). 14 15 John Mitchell (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action 16 filed pursuant to 42 U.S.C. § 1983. 17 On January 30, 2023, the Court issued an order requiring the parties to file scheduling 18 and discovery statements. (ECF No. 42). The parties have now filed their statements. (ECF 19 Nos. 46 & 47). 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. 602s, Form 22s, and responses from the appeals office related to the 7 issue(s) alleged in the complaint. 8 b. Property records related to the silver chain and Ankh medallion at issue 9 in the complaint. 10 c. Witness statements and evidence that were generated from 11 investigation(s) related to the event(s) at issue in the complaint, such as 12 an investigation stemming from the processing of Plaintiff’s 13 grievance(s).4 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 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 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 25 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 26 preserved.”). The Court notes that Defendant(s) only need to produce documents such as a Confidential Appeal Inquiry 27 or a Use of Force Critique to the extent those documents contain witness statements related to the incident(s) alleged in the complaint and/or evidence related to the incident(s) alleged in the complaint that will not be 28 provided to Plaintiff separately. 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: _ February 28, 2023 [sf ey — 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28