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Williams v. Casanova

United States District Court, E.D. California

December 2, 2019

ROBERT C. WILLIAMS, Plaintiff,
v.
RUBEN CASANOVA, et al., Defendants.

          ORDER GRANTING DEFENDANT'S MOTION TO COMPEL PLAINTIFF'S RESPONSE TO PRODUCTION REQUESTS (DOC. 35)

          JENNIFER L. THURSTON UNITED STATES MAGISTRATE JUDGE

         Pursuant to Federal Rule of Civil Procedure 37(a) and Local Rule 230(1), Defendant Chase moves for an order compelling Plaintiff to respond to Defendant's request for production of documents, set one. (Doc. 35.) Defendant propounded the production requests, plus interrogatories and requests for admission, on July 12, 2019, (Doc. 35 at 2, 4). To date, Plaintiff has not responded to any of the discovery requests. (Id.) Plaintiff has not filed any opposition or a statement of non-opposition to Defendant's motion; and, the time to do so has passed. Local Rule 230(1). The Court thus deems the motion submitted.

         I.BACKGROUND

         a. Plaintiff's Allegations

         Plaintiff Williams is civilly detained at Coalinga State Hospital. He alleges that, on October 26, 2015, patient Corey Bell attacked him in the dayroom of Unit Nine, breaking his nose. (Doc. 17 at 5-6.) Plaintiff alleges that Defendants Casanova, Obiha, Montijo, and Chase, all hospital psychiatric technicians, had abandoned their duties and were playing pinball or watching movies, allowing Plaintiff to be attacked. (Doc. 17 at 2-3, 5-6.) According to Plaintiff, Unit Nine is a “highly secured any supervise[d] unit, ” and patients in this unit must be supervised by “one psych tech and one DSP officer.” (Id. at 3-4.) Plaintiff also states that Bell is known to be hostile and dangerous, and that Bell broke another patient's nose and cheek bone just prior to the October 26, 2015 incident. (Id. at 4.)

         b. Defendant's Requests for Production

         Defendant Chase propounded his first and only set of production requests on July 12, 2019. (See Doc. 35 at 1, 4.) The set includes fifteen requests, copied below:

1. “All documents … that show, evidence, or demonstrate the length and reason for your detention at Coaling. [sic] State Hospital (CSH) on and before October 26, 2015.”
2. “All documents … that show, evidence, or demonstrate that ‘Unit 9 Specialize Service Unit is a highly secured and supervise unit' at CSH, as alleged in the third amended complaint.”
3. “All documents … that show, evidence, or demonstrate that patient Corey Bell had ‘just recently broke another patient cheek bone and nose prior to the incident that happened on October 26, 2015,' as alleged in the third amended complaint.”
4. All documents … that show, evidence, or demonstrate that it was a ‘well known fact that patient Corey Bell is a hostile, dangerous, and assaultive patient that pose a security threat to the institution and jeopardize a safety risk around other patients if and when unsupervised,' as alleged in the third amended complaint.”
5. “All documents … that show, evidence, or demonstrate that you informed, or reported to, any Defendant or CSH staff any safety concern or concerns you had for your safety being around Bell or in the vicinity of Bell before October 26, 2015.”
6. “All documents … that show, evidence, or demonstrate that Defendants Chase and Montijo were ‘watching movies on the internet' inside the Nurse's Station instead of supervising the dayroom on October 26, 2015, as alleged in the third amended complaint.”
7. “All documents … that show, evidence, or demonstrate that Defendants Casanova and Obioha abandoned their posts in the dayroom and were playing pinball in the recreational room on October 26, 2015, ...

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