(PC) Ortega v. United States of America

I. BACKGROUND

18 Albert Ortega (“Plaintiff”) is a federal prisoner proceeding pro se and in forma pauperis 19 in this action. 20 This action is proceeding on Plaintiff’s Federal Tort Claims Act claim against defendant 21 United States of America, based on allegations that officers at United States Penitentiary 22 Atwater failed to address water that had accumulated. (ECF No. 25). This failure allegedly led 23 to Plaintiff slipping and falling. (Id. at 3). 24 On June 25, 2021, Plaintiff filed a motion to compel. (ECF No. 41). On July 16, 2021, 25 Defendant filed an opposition. For the reasons that follow, the Court will grant the motion in 26 part and deny the motion in part. 27 \\\ 28 II. LEGAL STANDARDS Under Rule 37 of the Federal Rules of Civil Procedure, “[a] party seeking discovery may move for an order compelling an answer, designation, production, or inspection.” Fed. R. Civ. P. 37(a)(3)(B). The Court may order a party to provide further responses to an “evasive or incomplete disclosure, answer, or response….” Fed. R. Civ. P. 37(a)(4). “The party seeking to compel discovery has the burden of establishing that its request 7 …