United States District Court, C.D. California
January 14, 2015
David Joseph Samson
John McMahon, et al
For David Joseph Samson, Plaintiff, Pro se, Adelanto, CA.
For Gary Scheidemantle, individual, Defendant: Richard D Luczak, County Counsel's Office, San Bernardino, CA.
Honorable Kenly Kiya Kato, United States Magistrate Judge.
CIVIL MINUTES - GENERAL
Proceedings: TELEPHONIC CONFERENCE Re: Discovery
The Court is in receipt of Plaintiff's various discovery motions (Docket Nos. 75, 88 and 89). After careful consideration of all relevant pleadings, and having heard argument from counsel and Mr. Samson pursuant to the telephonic conference conducted on January 14, 2015, the Court issues the following rulings:
(1) Plaintiff's request for production of documents relating to (i) the Internal investigation Report of the alleged incident and (ii) all Internal Investigation Reports involving defendant Gary Scheidemantle from November 2000 through November 2014 is GRANTED. The documents shall include all internally-handled disciplinary actions, personnel records, psychological evaluations, court claims, settlements, or other documents relating to allegations of excessive force by Defendant.
Defendant shall lodge such documents with the Court for an in camera review on or before January 23, 2015. If Defendant claims any portion of the lodged documents should not be produced to Plaintiff, Defendant shall concurrently lodge a list of such documents, including the basis or authority for which Defendant asserts the document should not be produced. Following the Court's review, the Court will determine what, if any, portion of the lodged documents should be provided to Plaintiff subject to a protective order.
(2) Plaintiff's request to have a court-appointed investigator review the taser used during the alleged incident is DENIED. However, Defendant shall produce the taser used during the alleged incident for Plaintiff's review at the upcoming settlement conference which is anticipated to occur on March 5, 2015.
In addition, in light of the Court's referral of this case to the Prisoner Settlement Program, the Court continues the motion cut-off date from February 5, 2015 until March 30, 2015.