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Goolsby v. Cate

United States District Court, E.D. California

July 29, 2016

THOMAS GOOLSBY, Plaintiff,
v.
MATTHEW CATE, et al., Defendants.

         ORDER FOLLOWING DISCOVERY AND STATUS HEARING HELD ON JULY 19, 2016 (Resolves ECF No. 80.) ORDER GRANTING PLAINTIFF’S MOTION TO SUPPLEMENT HIS OPPOSITION TO DEFENDANTS’ MOTION (ECF No. 81.) ORDER DENYING PLAINTIFF’S MOTION FOR PROTECTIVE ORDER AND/OR POSTPONEMENT OF DEPOSITION (ECF No. 83.) ORDER FOR DEFENDANTS TO SERVE DISCOVERY RESPONSES PURSUANT TO THIS ORDER

         I. BACKGROUND

         Thomas Goolsby (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on January 25, 2013. (ECF No. 1.) The case now proceeds with the Second Amended Complaint filed on June 6, 2014, on Plaintiff's Eighth Amendment claims against defendants Warden Kimberly Holland, Warden Michael Stainer, and Captain J. Lundy, for denial of adequate outdoor exercise time; and defendants Captain J. Lundy, Sergeant S. Foster, Plumlee (Maintenance Supervisor), Warden Kimberly Holland, Correctional Officer Jordon, and Correctional Officer Uribe, for deliberate indifference to unsanitary and unsafe conditions.[1] (ECF No. 34.) The events at issue allegedly occurred at the California Correctional Institution (CCI) in Tehachapi, California, during a thirteen-month period while Plaintiff was incarcerated there in segregated housing.

         This case is now in the discovery phase, pursuant to the Court’s amended discovery and scheduling order filed on December 8, 2015. (ECF No. 64.) The deadline for completion of discovery, including the filing of motions to compel, is August 8, 2016, and the deadline for filing pretrial dispositive motions is October 17, 2016. (Id.) This case is scheduled for a settlement conference before the undersigned on August 1, 2016 at 10:00 a.m.

         II. STATUS CONFERENCE

         On July 19, 2016 at 10:30 a.m., a telephonic status conference was held before Magistrate Judge Erica P. Grosjean. Plaintiff appeared telephonically on his own behalf, and California Deputy Attorney General R. Lawrence Bragg appeared telephonically on behalf of Defendants. Pending before the Court were Plaintiff’s request for a hearing to resolve discovery disputes, filed on June 30, 2016 (ECF No. 80); Plaintiff’s motion to supplement his opposition to Defendants’ motion for summary judgment and to declare Plaintiff a vexatious litigant, filed on July 5, 2016 (ECF No. 81); and Plaintiff’s motion for a protective order and/or postponement of deposition, filed on July 15, 2016 (ECF No. 83).

         A. Discovery

         1. Defendants

         Defendants reported that they took Plaintiff’s deposition on July 18, 2016 and are ready for the settlement conference.

         2. Plaintiff

         Plaintiff reported that he served discovery requests in May 2016, which were answered by Defendants in June 2016. Plaintiff also served additional requests, which are pending. Plaintiff raised the following discovery issues:

         a. Motion for Protective Order

         On July 15, 2016, Plaintiff filed a motion for a protective order and/or postponement of his deposition scheduled for July 18, 2016. (ECF No. 83.) At the July 19, 2016 hearing, Defendants reported that they had taken Plaintiff’s deposition on July 18, 2016. Because the deposition was taken, Plaintiff’s motion is moot.

         b. Memorandum

         On June 30, 2016, Plaintiff filed a notice of discovery disputes, in which he asserts that that Defendants “redacted a large portion of Operational procedure 111 and Memorandum dated January 8, 2010, authored by K. Holland, citing confidential information.” (ECF ...


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