RICHARD W. ROBERTS, District Judge.
Plaintiff Abdul Greene brings various claims of misconduct against Metropolitan Police Department Officer Jody Shegan. Shegan objects to Magistrate Judge Alan Kay's memorandum order granting Greene's motion to compel discovery from the District of Columbia. Shegan also moves for a stay of Magistrate Judge Kay's memorandum order pending resolution of Shegan's objections to the memorandum order, or in the alternative, for a protective order. In addition, Greene moves to have the docket reflect that the District of Columbia is a defendant in this matter. Because the magistrate judge's decision was not clearly erroneous or contrary to law, Shegan's objections will be overruled. Since Shegan fails to demonstrate good cause for a protective order, his motion will be denied. Because the District of Columbia is a defendant, Greene's motion will be granted.
Greene filed a complaint against Shegan in both Shegan's individual and official capacities in the D.C. Superior Court. Compl. ¶ 4. Greene's complaint did not name the District of Columbia as a defendant. However, Greene served Mayor Vincent Gray and District of Columbia Attorney General Irvin Nathan with a copy of the summons and complaint. Pl.'s Reply to Def.'s Opp'n to Mot. to Compel D.C. to Respond to Pl.'s Disc. Reqs., Ex. 1. Shegan removed the case to this court.
Shegan now objects to the magistrate judge's ruling on the motion to compel for three reasons. First, Shegan argues that service of the complaint and summons on the District of Columbia alone did not give the District of Columbia notice of Greene's suit.
Shegan also moves for a stay of Magistrate Judge Kay's memorandum order pending resolution of Shegan's objections to the memorandum order, or in the alternative, for a protective order. Greene opposes.
Greene meanwhile moves to have the docket reflect that the District of Columbia is a defendant in this matter. Shegan argues that the motion should be denied because the District of Columbia is not a defendant. See Def.'s Opp'n to Pl.'s Mot. to Have the Docket Reflect that the D.C. is a Def. at 2.
Federal Rule of Civil Procedure 72(a) and Local Civil Rule 72.2(b) allow a party to object to a magistrate judge's decision. "[A] district judge may modify or set aside any portion of a magistrate judge's order... found to be clearly erroneous or contrary
Official capacity suits "`generally represent only another way of pleading an action against an entity of which an officer is an agent.'" Kentucky v. Graham, 473 U.S. at 165-66, 105 S.Ct. 3099 (quoting Monell v. Dep't of Soc. Servs. of N.Y.C., 436 U.S. 658, 690 n. 55, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978)). "As long as the government entity receives notice and an opportunity to respond, an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity." Id. at 166, 105 S.Ct. 3099. A court treats suits against officials in their official capacities as suits against the state because an official capacity suit "is not a suit against the official personally, for the real party in interest is the entity." Id.; see also Atchinson, 73 F.3d at 424.
Shegan maintains that serving the District of Columbia in line with the procedure set forth in the rules of the Superior Court of the District of Columbia
Here, Officer Shegan was sued in his official capacity, the District of Columbia received notice of the suit when Greene served the Mayor and the Attorney General with a copy of the summons and complaint, and the District of Columbia had an opportunity to respond. While Greene could easily have avoided all ambiguity by simply naming the District of Columbia in the complaint as a defendant from the beginning, the District of Columbia is a real party in interest. It was not clearly erroneous for the magistrate judge to find that the District of Columbia is a defendant in this matter and grant Greene's motion to compel discovery from the District
Federal Rule of Civil Procedure 26(c) provides that upon a motion, a "court may, for good cause, issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense[.]" The movant bears the burden of showing good cause. Klayman v. Judicial Watch, Inc., 247 F.R.D. 19, 22 (D.D.C.2007) (citing Alexander v. FBI, 186 F.R.D. 71, 75 (D.D.C.1998)). Here, Shegan offers no good cause or explanation as to why the court should issue a protective order. His motion for a protective order, then, will be denied.
Because Magistrate Judge Kay's memorandum order granting Greene's motion to compel discovery from the District of Columbia was not clearly erroneous or contrary to law, Shegan's objections will be overruled. Because the District of Columbia is a defendant, Greene's motion to name the District of Columbia as a defendant on the docket will be granted. Since Shegan fails to allege good cause for a protective order under Rule 26(c), his motion will be denied. Accordingly, it is hereby
ORDERED that Shegan's objections [26] to Magistrate Judge Kay's memorandum order be, and hereby are, OVERRULED. It is further
ORDERED that Greene's motion [16] to have the docket reflect that the District of Columbia is a defendant in this matter be, and hereby is, GRANTED. The Clerk is directed to list the District of Columbia as a defendant on the docket in this matter. It is further
ORDERED that Shegan's motion [27] to stay Magistrate Judge Kay's September 21, 2012 memorandum order or, in the alternative, for a protective order be, and hereby is, DENIED.
LCvR 7(m). Greene's motion states that "[p]rior to filing this motion, plaintiff's counsel discussed this matter with opposing counsel and they take the position that the District is not a defendant in this case." Pl.'s Mot. to Have the Docket Reflect that the D.C. is a Def. at 2. Shegan states, and Greene does not rebut, that although the parties discussed whether the District of Columbia is a defendant, Shegan "did not know that Plaintiff intended to file the instant motion until it was received through the electronic filing notice." Def.'s Opp'n to Pl.'s Mot. to Have the Docket Reflect that the D.C. is a Def. at 1. While Greene's counsel could have avoided any ambiguity by plainly stating in the discussion that he would file this motion, he did include in his motion that he discussed with opposing counsel the subject of the motion, and determined that his position was opposed. As Shegan does not contest the accuracy of Greene's representations, Greene's motion will not be dismissed on this ground.