United States v. City of Torrance

164 F.R.D. 493, 1995 U.S. Dist. LEXIS 22330, 1995 WL 782177
Procedural entryThis page is a short order in United States v. City of Torrance. Read the opinion of the Court — 163 F.R.D. 590
District Court, C.D. California·Decided July 25, 1995·No. No. CV 93-4142-MRP(RMCx)·Published

Opinion

[494] MEMORANDUM DECISION AND ORDER RE PLAINTIFF’S MOTION TO COMPEL DISCOVERY AND DEFENDANTS’ MOTION SEEKING PROTECTIVE ORDER

CHAPMAN, United States Magistrate Judge.

On June 13, 1995, plaintiff and defendants both filed Motions to Compel Discovery and Motions Seeking Protective Orders; Joint Stipulation re Motions to Compel Discovery and Protective Orders; and Supporting Memoranda of Points and Authorities. Plaintiff also filed Declaration of David Y. Chen, with supporting exhibits. Defendants filed Declaration of Wayne S. Flick, with supporting exhibits. On July 19,1995, defendants filed Supplemental Brief. Said motions are presently pending.

BACKGROUND

On July 14, 1993, plaintiff filed a Title VII action under 42 U.S.C. §§ 2000e et seq., the Civil Rights Act of 1964. The Court, on September 23,1993, granted defendants’ Motion For a More Definite Statement, and on October 21, 1993, plaintiff filed First Amended Complaint. Plaintiff alleges that defendants, in the hiring of police officers and firefighters, “have pursued and continue to pursue policies and practices that they have discriminated against blacks, Hispanics and Asians and that have deprived or tended to deprive ... [them] of employment opportunities on the basis of race and/or national origin.” (Paragraph 16)

Fact discovery was scheduled to end on February 28, 1995. During fact discovery, plaintiff submitted to defendants First Set of Interrogatories, First Request for Production of Documents, and Second Request for Production of Documents. Defendants responded by providing information and documents for the period of 19811 through December 31, 1993; however, defendants refused to provide information and documents subsequent to December 31, 1993, on the ground that such discovery is beyond the relevant time period.

Plaintiff contends that it is entitled to discover information and documents dated or created between January 1, 1994, through February 28,1995, based on Paragraph 16 of First Amended Complaint, which alleges that defendants’ discriminatory policies and practices are ongoing. In its discovery requests propounded to defendants, plaintiff seeks information and documents “to the present.” Defendants contend that the information and documents are not relevant because they relate to after the filing date of the First Amended Complaint and, therefore, are beyond the period contemplated by the First Amended Complaint. Defendants also object that it would be burdensome to produce such information and documents.

The parties have met and conferred, pursuant to Local Rule 7.15, and plaintiff has narrowed its motion. It now seeks to compel discovery of the following: supplemental information re Interrogatory No. 6, First Set of Interrogatories; and supplemental documents (dated or created between January 1, 1994, and February 28, 1995) re Request Nos. 7-10, 12-15, 19, 23-27, 46-51, 56-58 and 64, First Request for Production of Documents, and Request Nos. 8-10, 12-15, 18, 19, 25-27 and 43-45, Second Request for Production of Documents. Without setting forth verbatim the foregoing interrogatory and requests, the information and documents sought can be summarized, as follows: Interrogatory No. 6, First Set of Interrogatories, relates to written examinations or other selection devices, which have been discontinued or modified, the reasons for discontinuation or modification, and the identity of the individuals involved in the decision to discontinue or modify the written examination or selection device; the First Request for Production of Documents relates to police department applications, testing, and hiring data, background investigation information, changes in selection procedures, information relating to complaints of discrimination or harassment, and the like; and the Second Request for Production of Documents relates to fire department applications, hiring data, changes in selection procedures, and the like.

[495] DISCUSSION

Federal Rules of Civil Procedure 26(b)(1) provides for discovery in civil actions, as follows:

“Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things in the identify and location of persons having knowledge of any discoverable matters. The information sought need not be admissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.”

Rule 26 further permits the discovery of information which “may simply relate to the credibility of a witness or other evidence in the case.” Schwarzer, Tashima & Wagstaff, California Practice Guide: Federal Civil Procedure Before Trial, § 11.21 (1994 revised). (emphasis in original.)

Generally, the purpose of discovery is to remove surprise from trial preparation so the parties can obtain evidence necessary to evaluate and resolve their dispute. Toward this end, Rule 26(b) is liberally interpreted to permit wide-ranging discovery of all information reasonably calculated to lead to discovery of admissible evidence; but the discoverable information need not be admissible at the trial. As commented upon by one court:

“A request for discovery should be considered relevant if there is any possibility that the information sought may be relevant to the subject matter of this action. Discovery should ordinarily be allowed under the concept of relevancy unless it is clear that the information sought can have no possible bearing upon the subject matter of this action.”

Jones v. Commander, Kansas Army Ammu-nitions Plant, 147 F.R.D. 248, 250 (D.Kan. 1993).

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United States v. City of Torrance, 164 F.R.D. 493, 1995 U.S. Dist. LEXIS 22330, 1995 WL 782177 (C.D. Cal. 1995).

164 F.R.D. 493 (United States v. City of Torrance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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