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Harold Funk v. Town of Paradise

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 12, 2011

HAROLD FUNK, PLAINTIFF,
v.
TOWN OF PARADISE, ET AL., DEFENDANTS.

ORDER

On May 11, 2011, the undersigned held a hearing on plaintiff's motion to compel and defendants' motion to compel and for protective order and for sanctions. Attorney Larry Baumbach appeared at the hearing on behalf of plaintiff; attorney Douglas Thorn appeared on behalf of defendants.

For the reasons stated on the record, it is hereby ORDERED that: 1. Plaintiff's motion to compel (Dckt. No. 22) is granted in part and denied in part as follows:

a. Within fifteen days from the date of this order, defendants shall produce for inspection and copying the Funk IA, the training and disciplinary records of defendants Pickering and Cooper, and documents relating to claims of excessive force made by Baltierra and Shumacher, subject to a protective order that documents produced pursuant to the order will be used solely for purposes of the instant litigation. If responsive documents pertaining to Baltierra and Shumacher do not exist, defendants shall provide a verified response stating so. Defendants may redact personal matters such as home addresses and phone numbers, names and contact numbers of family members, medical and psychological information, and medical, disability and life insurance information.

b. Within fifteen days from the date of this order, defendant Town of Paradise shall respond to interrogatories nos. 7-13.

c. Within fifteen days from the date of this order, defendants Pickering and Cooper shall provide their height and weight at the time of the incident, provide their department serial numbers, and shall respond to interrogatories nos. 4-18.

d. The depositions of defendants Pickering and Cooper shall reconvene no later than June 30, 2011 in the conference room of plaintiff's counsel. The duration of the depositions is limited to two hours for each deposition. Defense counsel shall pay the costs of the court reporter's appearance fee.*fn1

2. Defendants' motion to compel and for protective order (Dckt. No. 23) is granted in part and denied in part.

a. Within fifteen days from the date of this order, plaintiff shall provide a verified response identifying all health care providers who have provided treatment from November 17, 2002 to the present, limited to treatment of plaintiff's left elbow and any other body parts allegedly injured as a result of the subject incident. Plaintiff shall further provide a verified response that all documents in plaintiff's possession*fn2 pertaining to the calculation of damages have been produced.

b. Except as provided above, the motion for protective order is denied.

3. Reasonable expenses are awarded to plaintiff against defendants in the amount of $3,800.00.


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