MICHAEL J. SENG, Magistrate Judge.
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. (ECF No. 1.) The action proceeds on Plaintiff's First Amended Complaint against Defendant Pina for failure to protect in violation of the Eighth Amendment. (ECF Nos. 17, 18 & 19).
Before the Court are Plaintiff's Motion for an Order Compelling Defendants to Cooperate in Discovery ("First Motion to Compel") (ECF No. 40), Motion for an Order Compelling Defendants to Cooperate in Discovery ("Second Motion to Compel") (ECF No. 43), and Motion for Extension of Time to File Motion to Compel (ECF No. 42). Defendant Pina opposed each of the motions. (ECF Nos. 41, 44, 45.) The time to file reply documents has passed and none were filed. The motions are deemed submitted pursuant to Local Rule 230(l).
The discovery process is subject to the overriding limitation of good faith.
Generally, if the responding party objects to a discovery request, the party moving to compel bears the burden of demonstrating why the objections are not justified.
A party may serve on any other party a request within the scope of Rule 26(b) to produce and permit the requesting party or its representative to inspect, copy, test, or sample the following items in the responding party's possession, custody or control: any designated documents, electronically stored documents, or tangible things. Fed. R. Civ. P. 34(a)(1).
Federal Rule of Civil Procedure 16(b)(4) allows the Court to modify its scheduling order for good cause. The "good cause" standard focuses primarily on the diligence of the party seeking the amendment.
Plaintiff argues that Defendant is "thwarting" his efforts to conduct discovery by not responding thoroughly to Plaintiff's request for production of documents. (ECF No. 40 at 1-2.) Defendant asserts that he has fulfilled his discovery obligations because he produced all documents within his possession, custody, or control. (ECF No. 42 at 1.)
Plaintiff requested the following: "PLAINTIFF SEEKS ANY AND ALL WRITTEN REPORT'S LOG'S OR DOCUMENTATION OF ANY EMERGENCY MAN-DOWNS IN THE YEAR'S OF 2009 AND 2010 SPECIFICALLY REFLECTING PLAINTIFF WHILE IN 3A04 AD-SEG." (ECF No. 40 at 12.)
Notwithstanding his various objections, Defendant responded by producing "Plaintiff's Inmate Segregation Records for the dates he was assigned to a cell in 3A04 between 2009 and 2010, which was February 25, 2010, through December 31, 2010." (
In his motion, Plaintiff argues that this response is inadequate because he was medically cell extracted while in cell 3A04, but there is no mention of his medical man down in the records Defendant provided. (
Defendant can only be required to produce documents that are in his "possession, custody or control." Fed. R. Civ. P. 34(a). "Control is defined as the legal right to obtain documents upon demand."
Defendant's response to the request for production, as well as his opposition to Plaintiff's motion to compel, suggest that Plaintiff's medical records may contain information concerning medical emergencies and/or man downs, but that those records are not within Defendant's control. (ECF No. 40 at 12, No. 41 at 2.) Plaintiff has not requested that Defendant be compelled to provide his medical records, nor has he argued that these records are in Defendant's control. (ECF No. 40 at 1-3.) Additionally, Defendant advised Plaintiff that Plaintiff can access his own medical records (
Based on the foregoing, there is no basis for compelling further responses to Plaintiff's request for production of documents, and his first motion to compel will be denied.
Plaintiff's second set of requests for admission sought to have Defendant admit that certain documents are authentic, and that a specified inmate appeal was "granted." (ECF No. 43 at 6-8.) Defendant refused to respond to the requests on the ground that they were served on Defendant on May 22, 2014, which was after the Court's May 17 deadline for serving discovery requests. (
Defendant's objection is meritorious. Plaintiff's request was served on Thursday, May 22, 2014 and was untimely under the Court's discovery and scheduling order. Accordingly, Plaintiff has not met the requirements for granting a motion to compel, and the motion to compel will be denied. Nevertheless, the Court will require Defendant to make a further response to Plaintiff's request for the reasons stated in Section III.C, below.
Although styled as a Motion for Extension of Time to file a Motion to Compel,
For good cause shown, the Court will grant Plaintiff's motion and extend the discovery cut-off nunc pro tunc to July 7, 2014, making Plaintiff's second set of requests for admission timely. The Court also will direct Defendant to make a further response to Plaintiff's second set of requests for admission within thirty days of the date of this order.
Based on the foregoing, the Court HEREBY ORDERS the following: