Kowalski v. Stewart

220 F.R.D. 599, 2004 U.S. Dist. LEXIS 5377, 2004 WL 782899
CourtDistrict Court, D. Arizona
DecidedMarch 31, 2004
DocketNo. CV02-1053PHX SRB (LOA)
StatusPublished
Cited by6 cases

This text of 220 F.R.D. 599 (Kowalski v. Stewart) is published on Counsel Stack Legal Research, covering District Court, D. Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kowalski v. Stewart, 220 F.R.D. 599, 2004 U.S. Dist. LEXIS 5377, 2004 WL 782899 (D. Ariz. 2004).

Opinion

ORDER

ANDERSON, United States Magistrate Judge.

This matter arises on Plaintiffs Motion to Compel filed January 14, 2004. (document # 91) Plaintiff requests an order compelling Defendants to respond to interrogatories and requests for production. Furthermore, Plaintiff asks that the Court set the Motion to Compel for oral argument. As an initial matter, the Court finds that the pleadings contain sufficient information upon which the Court can make its decision. The Court, therefore, will deny Plaintiffs request for oral argument.

Background

On November 4, 2003, Plaintiff requested an extension of time for discovery. Plaintiff then wrote a five-page letter to Defendants’ attorney regarding discovery disputes. (Plaintiffs Exh. A.) On December 5, 2003, Plaintiff wrote a second letter to Defendants’ attorney because the first letter was allegedly ignored. (Plaintiffs Exh. B.) On December 12, 2003, this Court granted Plaintiffs Motion for Extension to File Discovery Disputes (document # 84) ordering that the parties shall file all discovery disputes on or before January 15, 2004. Thereafter, on January 14, 2004, Plaintiff filed the pending Motion to Compel.

Plaintiff asks this Court to order “Defendants to disclose a variety of documents and to provide answers to certain interrogatories. Plaintiff contends this information is necessary to properly prosecute this case. The Court will address Plaintiffs motion below.

Analysis

I. Legal Standard

Federal Rule of Civil Procedure 26 permits discovery of any relevant and non-privileged matter which “appears reasonably calculated to lead to the discovery of admissible evidence.” Rule 26 also provides that discovery shall be limited if discovery is “unduly burdensome or expensive, taking into account the needs of the case [and other factors].” Fed.R.Civ.P. 26(b)(1).

II. Defendant Stewart’s Responses to Interrogatories

In his first interrogatory, Plaintiff requests Defendant Stewart’s date of birth, social security number, and residential and office addresses. He states that he needs this information to avoid a time consuming search of public records. Stewart is no longer an employee of the Arizona Department of Corrections (“ADOC”). Releasing Stewart’s personal information to an inmate would jeopardize his personal safety. Accordingly, Defendant Stewart is not compelled to answer interrogatory number one. In light of he Court’s ruling, however, Defendants are ordered to submit Stewart’s last known address under seal with the Clerk of the Court for purposes of service of a trial subpoena.

In his second interrogatory, Plaintiff requests information regarding Stewart’s educational background, including degrees earned, and courses of study. Defendants argue this information should not be provided for security reasons and that it is irrelevant. However, Defendants have provided the educational background of Dr. O’Steen which undermines Defendants’ security argument on Stewart and leaves only the issue of relevancy. In his complaint, Plaintiff alleges that Defendants have improperly denied him court ordered medical treatment for Hepatitis C. Plaintiff asserts that Stewart lacked the skill and knowledge to evaluate Plaintiffs medical grievance. Accordingly, Defendant Stewart’s educational background is relevant [601]*601to Plaintiffs claims. Since Defendant Stewart likely received his specialized medical education, if any, after high school, Plaintiffs discovery request is overly broad in seeking all of Defendant Stewart’s educational history. The Court, therefore, will order Defendant Stewart to disclose his educational background after high school.

In his fourth interrogatory, Plaintiff requests that Stewart disclose whether he has testified in a medical malpractice suit. Defendants respond that they do not know this information. Due to the nature of Stewart’s former position at ADOC, he was likely named as a defendant in many lawsuits. The Court speculates that the reason Plaintiff is seeking this information is to obtain transcripts at his expense of Stewart’s prior testimony in eases similar to Plaintiffs for impeachment purposes. Because Plaintiff has not sufficiently narrowed the interrogatory to cases similar to Plaintiffs for a specified, reasonable time frame, Defendant Stewart is not compelled to provide a more detailed response to interrogatory number four.

In interrogatory number five, Plaintiff requests all documentation concerning the injuries which he received. Defendant Stewart is no longer an employee of ADOC, and therefore, no longer has access to this information.

In interrogatory number six, Plaintiff requests information regarding meetings or hearings that were held by any committee or organization at which Plaintiff, or any occurrences at issue in this ease, were discussed. Defendants answered that Stewart is not a medical provider and would not have knowledge of such meetings. Defendant Stewart cannot be compelled to disclose what he does not know. Moreover, Defendants have already disclosed a copy of Plaintiffs medical records. This request to compel a different answer is denied.

III. Defendant Pratt’s Responses to Interrogatories

In interrogatory number one, Plaintiff requests that Defendant Pratt disclose his date of birth, social security number, and home address. Defendants respond that this information is confidential. For the same reasons set forth in Section I, the Court will not compel Defendant Pratt to answer this interrogatory. Defendants are, however, ordered to submit Pratt’s last known address under seal with the Clerk of the Court for purposes of service of a trial subpoena.

IV. Defendant O’Steen’s Responses to Interrogatories

In interrogatory number one, Plaintiff requests Defendant O’Steen to disclose his date of birth, social security number, and home address. Defendants respond that this information is confidential. For the same reasons set forth in Section I, the Court will not compel Defendant O’Steen to answer this interrogatory.

V. Defendant Stewart’s Responses to Request for Production of Documents

In his third request for production, Plaintiff requests the production of prisoner grievances filed against Defendants from 1990 to present. Defendants contend that the production of confidential prisoner complaints for the past 13 years is burdensome. Moreover, the documents are organized in chronological order and not by the name of the person by whom the complaint was made. Plaintiff argues this is important character evidence under the Federal Rules of Civil Procedure.

In Holestine v. Terhune, 2003 WL 23281594 (N.D.Cal. Nov.21, 2003), an inmate of Pelican Bay State Prison filed a civil rights action alleging a violation of the Eighth Amendment. Id. at *3. Plaintiff accused defendants of failing to prescribe interferon to treat Hepatitis C. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
220 F.R.D. 599, 2004 U.S. Dist. LEXIS 5377, 2004 WL 782899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kowalski-v-stewart-azd-2004.