The opinion of the court was delivered by: Justin L. Quackenbush Senior United States District Judge
ORDER DENYING MOTION TO COMPEL PRODUCTION OF DOCUMENTS
BEFORE THE COURT is Plaintiff's Motion to Compel Discovery (Ct. Rec. 40). On August 30, 2010, the court directed that counsel for the Defendant confer with Plaintiff prior to filing any response. On September 13, 2010, Defendants filed their opposition to the motion, stating that the parties had resolved all but three of their disputes. Plaintiff has not filed a reply to the opposition.
Pursuant to Federal Rule of Civil Procedure 26(b)(1), the scope of federal discovery is broad. Parties may obtain discovery regarding any non-privileged matter that is relevant to any party's claim or defense. Fed. R. Civ. Proc. 26(b)(1). That relevant information need not be admissible at trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence. Id. The broad scope of permissible discovery encompasses any matter that bears on, or that reasonably could lead to other matters that could bear on, any issue that is or may be in the case. Oppenheimer Fund, Inc. v. Sanders, 427 U.S. 340, 351 (1978).
A district court has wide latitude in controlling discovery. Federal Rule 37(a)(2)(B), allows the discovering party to move for an order compelling a response to a discovery request. Fed. R. Civ. Pro. 37(a)(2)(B). This rule establishes "a flexible means by which a court may enforce compliance with the Federal discovery procedures through a broad choice of remedies and penalties." B.F. Goodrich Tire Co. v. Lyster, 328 F.2d 411, 415 (5th Cir. 1954).
The events of this lawsuit arise from conduct at California State Prison, Solano. Plaintiff was allegedly attacked by four Hispanic inmates on December 21, 2006. Plaintiff alleges that given the racial tension between Black and Hispanic inmates/gangs, Defendants failed to implement adequate policies and procedures, requiring that inmates on lock-down status be searched and restrained before being escorted out of their cells. The following Requests for Production (as set forth in Exhibit A attached to Plaintiff's Motion to Compel) are in dispute.
A. Requests Regarding Inmate History
Plaintiff's Request No. 5 requests the production of: Any and all documents that evidence, mention, or refer to inmates Quintanilla, Carrejo, Sanchez and Santiago's institutional conduct or disciplinary history at Solano State Prison or any other State, Federal or County Facility.
Defendant opposes the request on the grounds that the request "invades the privacy rights of third persons, and is overly broad and unduly burdensome because it is not limited in time or scope."
Plaintiff's Request No. 11 requests Defendants produce: Any and all documents known as a "Marriage Chrono" written or created as Solano State Prison since January 2004 to the present. The document known as a "Marriage Chrono" are utilized at Solano State Prison after two inmates get into a fight and mutually agree by signing the Marriage Chrono's not to engage in Future Fights if allowed to remain on the same prison yard together.
Defendants respond to the request as follows:
...it is vague and ambiguous with respect to the term "marriage chrono." To the extent Plaintiff is referring to a non-enemy chrono, Responding Parties also object on the grounds that the request is overbroad, not reasonably calculated to lead to the discovery of admissible evidence, and invades the privacy rights of third persons. Responding Parties also object on the grounds that the request is argumentative, in that it assumes that inmates are allowed to remain on the same yard after being in a fight. Finally, Responding Parties object on the grounds that the CDCR 128 B used for a non-enemy chrono is kept in the central file of the inmate(s) to whom it pertains; therefore, there is no way to search for all such 128 B non-enemy chronos, or even identify and list them for purposes of a privilege log, without searching the central file of every inmate at the institution.
There is no allegation that the four inmates listed in Request No. 5 presented a specific threat because of their behavioral history. For that reason, Plaintiff's request for production is overbroad. Likewise, Plaintiff's request that Defendants produce "any and all" marriage chronos since January 2004 is ...