United States District Court, E.D. California
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 ...