(PC) Gosztyla v. Gu ( 2023 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 CHANTELL GOSZTYLA, Case No. 1:22-cv-00610-ADA-EPG (PC) 10 ORDER REQUIRING PARTIES TO Plaintiff, EXCHANGE DOCUMENTS 11 v. 12 WEI GU, 13 14 Defendant. 15 Chantell Gosztyla is a state prisoner proceeding pro se and in forma pauperis in this 16 civil rights action filed pursuant to 42 U.S.C. § 1983. On August 8, 2022, the Court issued an 17 order requiring the parties to file scheduling and discovery statements. (ECF No. 18). The 18 parties have now filed their statements. (ECF Nos. 22 & 23). 19 The Court has reviewed this case and the parties’ statements. To secure the just, speedy, 20 and inexpensive disposition of this action,1 the Court will direct that certain documents that are 21 central to the dispute be promptly produced.2 22 23 1 See, e.g., United States v. W.R. Grace, 526 F.3d 499, 508-09 (9th Cir. 2008) (“We begin with the 24 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 25 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 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. Witness statements, reports, and other evidence that were generated from 9 investigation(s) related to the event(s) at issue in the complaint, such as 10 an investigation stemming from the processing of Plaintiff’s 11 grievance(s).4 12 c. All of Plaintiff’s medical records related to the incident(s) and/or 13 condition(s) at issue in the case, including those held by Central 14 California Women’s Facility and California Correctional Health Care 15 Services.5 16 17 18 19 3 Defense counsel is requested to obtain these documents from Plaintiff’s institution(s) of confinement. If 20 defense counsel is unable to do so, defense counsel should inform Plaintiff that a third-party subpoena is required. 4 See Woodford v. Ngo, 548 U.S. 81, 94-95 (2006) (“[P]roper exhaustion improves the quality of those 21 prisoner suits that are eventually filed because proper exhaustion often results in the creation of an administrative record that is helpful to the court. When a grievance is filed shortly after the event giving rise to the grievance, 22 witnesses can be identified and questioned while memories are still fresh, and evidence can be gathered and 23 preserved.”). The Court notes that Defendant(s) only need to produce documents such as a Confidential Appeal Inquiry 24 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 25 provided to Plaintiff separately. 26 5 Plaintiff indicated that certain medical records appear to be in possession of a third party, Bray Chiropractic. If Plaintiff does not have these records already and wishes to obtain them, Plaintiff is directed to 27 follow procedures set forth in the Court’s Scheduling Order, for making a request for the issuance of a subpoena duces tecum with the Court. If Defendants already have Bray Chiropractic records in their possession, these 28 records must be produced along with other medical records of the Plaintiff. 2 1 d. Video recordings and photographs related to the incident(s) at issue in 2 the complaint, including video recordings and photographs of Plaintiff 3 taken following the incident(s).6 4 2. If any party obtains documents and/or other evidence described above later in 5 the case from a third party, that party shall provide all other parties with copies 6 of the documents and/or evidence within thirty days. 7 3. Parties do not need to produce documents or evidence that they have already 8 produced. 9 4. Parties do not need to produce documents or evidence that were provided to 10 them by the opposing party. 11 5. Plaintiff does not have to produce information contained in her central file (C- 12 file) to the Defendant. 13 6. Parties may object to producing any of the above-listed documents and/or 14 evidence. Objections shall be filed with the Court and served on all other parties 15 within sixty days from the date of service of this order (or within thirty days of 16 receiving additional documents and/or evidence). The objection should include 17 the basis for not providing the documents and/or evidence. If Defendant(s) 18 object based on the official information privilege, Defendant(s) shall follow the 19 procedures described in the Court’s scheduling order. 20 \\\ 21 \\\ 22 \\\ 23 \\\ 24 25 26 27 6 If Plaintiff is not allowed possess, or is unable to play, video recording(s), defense counsel shall work 28 with staff at Plaintiff’s institution of confinement to ensure that Plaintiff is able to view the video recording(s). 3 1 If a party files an objection, all other parties have fourteen days from the date the 2 || objection is filed to file a response. If any party files a response to an objection, the Court will 3 a ruling on the objection. 4 5 IT IS SO ORDERED. 6 |! Dated: _November 17, 2023 [see hey 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28