The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER GRANTING IN PART AND DENYING IN PART CDCR'S MOTION TO QUASH (Document 110)
Third-party California Department of Corrections and Rehabilitation ("CDCR") filed the instant motion to quash on February 8, 2012. The matter was heard on March 9, 2012, before the Honorable Dennis L. Beck, United States Magistrate Judge. Edward Andrews and Manu Pradhan appeared on behalf of Plaintiffs Maria del Rosario Corona and Andres Santana ("Plaintiffs"). Kelli Hammond appeared on behalf of Defendants Kelly Harrington, Chris Chrones, Mike Knowles and S. Fraunheim. Christopher Becker appeared on behalf of CDCR.
Plaintiff Oscar Cruz, a prisoner proceeding pro se and in forma pauperis, filed this prisoner civil rights action on February 19, 2008. Plaintiff alleged Eighth Amendment violations, as well as violations of his equal protection and due process rights under the Fourteenth Amendment. His claims were based on a lockdown at Kern Valley State Prison ("KVSP").
On February 9, 2009, the Court dismissed the due process claim.
On May 1, 2009, Defendants filed a Suggestion of Death, indicating that Mr. Cruz died of a stab wound to the abdomen on March 18, 2009, while in custody. On June 22, 2009, the Court granted Plaintiff's motion to substitute Maria del Rosario Corona, Mr. Cruz's mother and successor in interest.
On November 4, 2009, the Court granted Plaintiff's motion to amend the complaint. Plaintiff filed an amended complaint on November 9, 2009, adding Andres Santana, Mr. Cruz's former cell mate, as a Plaintiff. The First Amended Complaint also restated the due process claim.
In response, Defendants filed a motion to dismiss based on Plaintiffs' failure to state a claim and the doctrine of qualified immunity. On January 20, 2010, the Court dismissed the equal protection and due process claims with prejudice. The Court denied the motion as to the Eighth Amendment claim. The Court also noted that injunctive relief as to Mr. Cruz was moot.
Pursuant to the stipulation to amend the Scheduling Conference Order, the non-expert discovery cut deadline is April 6, 2012. Expert discovery is due by May 3, 2012. Trial is currently set for December 11, 2012.
The Court approved the parties' stipulated protective order on December 7, 2011.
On February 9, 2012, Plaintiffs filed this motion to compel production of documents. The parties filed a joint statement on March 2, 2012.
According to the First Amended Complaint, Mr. Cruz and Plaintiff Santana arrived at KVSP in March 2006. They were both general population inmates and placed in the highest privilege group. KVSP classified Cruz and Santana as "Southern Hispanic" for administrative purposes and they were assigned to be cellmates.
On or about May 31, 2006, in response to an incident involving an attack on one or more guards, KVSP placed all inmates on lockdown. Cruz and Santana were not involved in ...