United States District Court, C.D. California
Present: Honorable KENLY KIYA KATO, UNITED STATES MAGISTRATE
Order Denying Plaintiffs' Motion to Compel [Dkt. 68]
22, 2017, Plaintiffs Juan Carlos Rodriguez Ayala, Monica
Resvaloso, A. M. Rodriguez-Resvaloso, J. C.
Rodriguez-Resvaloso, J. P. Rodriguez-Resvaloso, and J. T.
Rodriguez-Resvaloso (“Plaintiffs”) filed a Motion
to Compel (“Motion”) two spreadsheets from
defendants County of Riverside, Riverside County
Sheriff's Department, Sergeant Paul Heredia, Deputy
Miguel Ramos, Sergeant Jessica Vanderhoof, Investigator
Nelson Gomez, and Deputy Melissa Rodriguez
(“Defendants”). ECF Docket No.
(“Dkt.”) 68, Joint Stipulation
(“JS”). On June 22, 2017, Defendants filed an
Opposition, along with supporting declarations and a copy of
the two spreadsheets, under seal for in camera
review. Dkt. 66 (unredacted documents filed under seal); Dkt.
69 (June 29, 2017 Order granting leave to file under seal).
On June 29, 2017, Plaintiffs filed a supplemental brief. Dkt.
70. For the reasons set forth below, Plaintiffs' Motion
to Compel is DENIED.
FACTUAL AND PROCEDURAL BACKGROUND
initiated this action in Riverside County Superior Court on
March 11, 2016. Dkt. 1 at 2. The action arises out of an
incident in the early morning hours of September 26, 2015,
when Plaintiff Juan Carlos Rodriguez Ayala was shot by
Riverside County Sheriff's deputies and the subsequent
alleged wrongful imprisonment, harassment, and intimidation
of Plaintiffs. Id.
April 12, 2016, the case was removed to federal court.
12, 2016, the Court issued a Civil Trial Scheduling Order
setting a discovery cutoff of June 2, 2017 and trial for
September 26, 2017. Dkt. 28.
August 4, 2016, the Court approved and entered the
parties' stipulated Protective Order. Dkt. 37.
September 14, 2016, Plaintiffs filed the operative Second
Amended Complaint (“SAC”). Dkt. 40, SAC. The SAC
sets forth the following eight causes of action: (1) Battery;
(2) Negligence; (3) Violations of section 52.1 of the
California Civil Code; (4) Violations of Civil Rights (42
U.S.C. § 1983), Individual Liability; (5) Violations of
Civil Rights (42 U.S.C. § 1983), Entity Liability; (6)
False Imprisonment; (7) Intentional Infliction of Emotional
Distress; and (8) Negligent Infliction of Emotional Distress.
on July 26, 2016, the Court denied Defendants' Motion to
Dismiss the Monell claim from Plaintiffs' First
Amended Complaint (“FAC”), finding Plaintiffs
sufficiently alleged the existence of the following policy,
practice, and custom: “the Municipal Defendants'
failure to discipline officers who engage in constitutional
violations - and their efforts to cover up unconstitutional
conduct - fosters a culture of excessive force and violence
among its officers.” Dkt. 32 at 7.
March 31, 2017, Plaintiffs served a Third Request for
Production of Documents on Defendant County of Riverside.
Dkt. 68-1, Declaration of Ian P. Samson (“Samson
Decl.”), ¶ 3, Ex. 2. ...