United States District Court, D. Maryland
Brown et al.
Department of Public Safety and Correctional Services et al.
P. GESNER CHIEF UNITED STATES MAGISTRATE JUDGE
letter confirms the results of the motions hearing held on
March 11, 2019. Prior to the hearing, I reviewed
plaintiffs' letter dated March 6, 2019 (ECF No. 143) and
defendants' letter dated March 6, 2019 (ECF No. 144)
requesting my assistance in resolving a discovery dispute
pursuant to my informal discovery dispute procedure (ECF No.
101). I also reviewed plaintiffs' Motion for Sanctions
Under Rule 37(b)(2) (“Motion for Sanctions”) (ECF
No. 141), plaintiffs' Revised Motion for Sanctions Under
Rule 37(b)(2) (“Revised Motion for Sanctions”)
(ECF No. 145), and defendants' Opposition to
plaintiffs' Revised Motion for Sanctions
(“Opposition”) (ECF No. 147).
their Revised Motion for Sanctions, plaintiffs ask for
sanctions due to defendants' delayed production of
discovery, including electronically stored information
(“ESI”), non-party blind inmate files, and a
privilege log. (ECF No. 145 at 4-5). As stated by defendants
in their Opposition and during the motions hearing,
defendants produced all ESI and their privilege log to
plaintiffs on March 11, 2019. (ECF No. 147 at 2). As to the
non-party blind inmate files, defendants are in the process
of obtaining these documents and are to produce documents to
plaintiffs as soon as possible and on a rolling basis.
Accordingly, plaintiffs' motion is denied, as the
sanctions sought by plaintiffs are inappropriate at this
time. If plaintiffs later believe that they need to file
supplemental briefs in support of, or in opposition to,
motions for summary judgment in order to raise or respond to
any information contained in any discovery produced after
March 13, 2019, plaintiffs may direct their request to do so
to my attention.
their letter dated March 6, 2019 (ECF No. 143), plaintiffs
ask that defendants be compelled to respond to eight
interrogatories and four requests for production. During the
hearing, each of these discovery requests was discussed, and
the purpose of this letter is to summarize the further action
to be taken by each party as to each discovery request.
Brown Interrogatory No. 16, plaintiffs are to advise
defendants as to which positions plaintiffs applied for but
were not selected, or direct defendants to which
interrogatories contain said information. Defendants are then
to answer this interrogatory as narrowed for each position
identified by plaintiffs.
Holley Interrogatory No. 6, defendants are to supplement
their answer to clarify their position regarding blind
inmates' ability to participate in programs as stated
during the hearing.
Delano Interrogatory No. 8, plaintiffs have narrowed their
request to information regarding training of inmates who
participate in the walker program. Defendants are to
supplement their answer to clarify their response as stated
during the hearing.
Delano Interrogatories Nos. 9 and 14, as well as James
Requests for Production Nos. 17-19, plaintiffs are to narrow
their request and provide defendants with any information
they have regarding the identity of inmates who served as
walkers for plaintiffs. Defendants are to investigate whether
it is possible to identify inmates who served as walkers and,
if so, supplement their answers to plaintiffs' narrowed
Wilson Interrogatory No. 14, defendants are to answer this
interrogatory in full.
Holley Interrogatory No. 14, plaintiffs have narrowed this
request to Alcoholics Anonymous, Narcotics Anonymous,
Thinking for a Change, Anger Management, Alternatives to
Violence, and the Maryland Correctional Enterprises graphics
plant at RCI. (ECF No. 142-1 at 4). Defendants are to answer
this narrowed interrogatory in full.
Snead Interrogatory No. 18, plaintiffs stated during the
hearing that they were willing to narrow this request to
auxiliary aids and services, i.e., National Library
Service cartridges and cartridge players, ZooMax, KNFB
Readers, click rules, Victor Reader Stream, tactile calipers,
slates and styluses, computers, MP3 players, CD players, tape
players, or other music players, devices with USB charger
cords, USB storage devices, tape recorders or audio
recorders, and cameras. Defendants are to answer this
narrowed interrogatory in full.
Snead Request for Production No. 7, plaintiffs are to narrow
their request to any specific auxiliary aids or programs that
were considered by DPSCS independent of requests by inmates.
Defendants are then to answer this interrogatory as narrowed
for each aid or program identified by plaintiffs.
are to produce all outstanding documents and answer all
interrogatories as noted above by the close of ...