KENDALL J. NEWMAN, Magistrate Judge.
Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court are motions to compel filed by plaintiff and defendant Arya. (ECF Nos. 24, 27.) Also pending is plaintiff's motion for a sixty days extension of time to conduct discovery. (ECF No. 35.)
Defendant alleges that on March 27, 2017, defendant served plaintiff with special interrogatories and a request for production of documents. Defendant correctly states that pursuant to the March 23, 2017 scheduling order, responses to discovery requests are due within forty-five days. Defendant states that plaintiff failed to respond to the discovery requests. Defendant requests that the court compel plaintiff to respond to the discovery requests within ten days.
In his opposition to the motion to compel, plaintiff alleges that he did not receive the discovery requests from defendant when they were originally served. (ECF No. 28.) On May 28, 2017, after receiving the discovery requests attached to the motion to compel, plaintiff served defendant with responses to the discovery requests. (
In the reply to plaintiff's opposition, defendant argues that plaintiff's claim that he did not receive the discovery requests when they were first served is undermined by his change of address filing. (ECF No. 29 at 2.) A pleading filed by plaintiff on March 27, 2017, states that plaintiff was then housed at California State Prison-Sacramento ("CSP-Sac"). (ECF No. 22.) Court records indicate that on or around April 21, 2017, plaintiff was transferred to California State Prison-Corcoran. The proofs of service for the special interrogatories and request for production of documents indicate that they were served on plaintiff at CSP-Sac on March 27, 2017. (ECF No. 24 at 10, 14.)
Because it is clear that plaintiff received the discovery requests, defendant argues that plaintiff's objections to the discovery requests are untimely. Defendant also argues that plaintiff's objections are without merit.
Based on the current record, the undersigned cannot make a definitive finding regarding whether plaintiff received defendant's discovery requests when they were originally served. Accordingly, the undersigned herein addresses the merits of the motion to compel.
At issue are eleven interrogatories. As discussed herein, all but one are contention interrogatories. "`Contention interrogatories, directed to a pro se party, are rarely appropriate[.]'"
Interrogatories nos. 2, 3, 4, 5, 6, 8, 9, 10, 11 and 13 are contention interrogatories.
Interrogatory no. 7 asked, "Please identify the serious medical need(s) which you claim is the subject of this lawsuit." (ECF No. 24 at 8.) Plaintiff objected that this interrogatory was vague. (ECF No. 29 at 6.) Plaintiff further responded, "however, plaintiff suffers from cervical spondylosis, hep c and hypertension." (
Defendant argues that in response to the request for production of documents, plaintiff served a stack of documents. Defendant states that there is no indication to what request the documents are responsive.
Request no. 1 asked for, "[a]ll documents that support your contention that Defendant Dr. Arya was deliberately indifferent to your serious medical needs." (ECF No. 24 at 12.) Request no. 2 asked for, "[a]ll documents that support your contention that you exhausted administrative remedies with regards to your claims against Defendant Dr. Aryan." (
Rule 34 requires a party requesting the production of documents to "describe with reasonable particularity each item or category of items" to be produced. Fed. R. Civ. P. 34(b)(1)(A). Broad requests are disfavored and may be disallowed.
Defendant's requests for production of documents violate Rule 34 because they fail to describe the documents requested with reasonable particularity. The requests are overly broad and include documents that are not relevant to this action. Accordingly, plaintiff is not required to provide a further response to these requests.
Plaintiff seeks further responses to four requests for production of documents. Request no. 1 seeks his California Department of Corrections and Rehabilitation ("CDCR") unit health records from July 1, 2010, to the date of the request. (ECF No. 27 at 4.) Defendant objected to this request on grounds that plaintiff had access to his health care records by asking for review of the records. (
In the motion to compel, plaintiff argues that accessing his medical records through "normal institutional channels is a long and cumbersome process, raises evidentiary hurdles, and will delay the completion of discovery." (
The court will not order defendant to produce documents that are equally accessible to plaintiff in his medical file.
Request no. 2 sought, "All volumes of the `Inmate Medical Services Policies and Procedures.'" (ECF No. 27 at 5.) Defendant objected that the request was not relevant and unduly burdensome. (
The undersigned agrees with defendant that request no. 2 is unduly burdensome and seeks information not relevant to this action. The request is overbroad. Accordingly, plaintiff's motion to compel a further response to request no. 2 is denied.
Request no. 3 sought the "Correctional Health Care Services Care Guide." (
The undersigned agrees with defendant that request no. 3 is unduly burdensome and seeks information not relevant to this action. This request is overbroad. Accordingly, plaintiff's motion to compel a further response to request no. 3 is denied.
Request no. 4 sought the CDCR Operations Manual. (
Pursuant to the March 23, 2017 scheduling order, all motions to compel were to be filed by July 7, 2017. (ECF No. 21.) All requests for discovery pursuant to Fed. R. Civ. P. 31, 33, 34 or 36 were to be served not later than sixty days prior to that date. (
In the pending motion, filed June 29, 2017, plaintiff requests that the discovery cut-off be extended 60 days. (ECF No. 35.) In support of this request plaintiff alleges,
(
When a request is made to modify a discovery plan and scheduling order before the expiration of the deadlines and before the final pretrial order is entered, a district court may extend the discovery deadlines upon a showing of "good cause."
In the pending motion, plaintiff does not describe the additional discovery he intends to conduct or why he was unable to serve these requests prior to the close of discovery. Without this information, the undersigned cannot determine whether plaintiff acted diligently. Accordingly, plaintiff's motion to extend the discovery deadline is denied.
Accordingly, IT IS HEREBY ORDERED that:
1. Defendant's motion to compel (ECF No. 24) is denied but for interrogatory no. 7; plaintiff shall serve defendant with a further response to interrogatory no. 7 within fourteen days of the date of this order;
2. Plaintiff's motion to compel (ECF No. 27) is denied;
3. Plaintiff's motion for an extension of time to conduct discovery (ECF No. 35) is denied.