Russell Regalado v. Riverside County
Opinion
Trial Court Opinion
I.
BACKGROUND
On August 7, 2020, Plaintiff filed a Complaint pursuant to 42 U.S.C. § 1983 (“Section 1983”) alleging excessive force and retaliation claims against Defendants and the DOE defendants. Dkt. 1.
On or about September 28, 2020, Plaintiff’s counsel emailed Defendants’ counsel regarding a Rule 26 conference. Dkt. 20-2, Declaration of Peter B. Schlueter in Support of Request (“Schlueter Decl.”), ¶ 9, Ex. 4. Defendants’ counsel did not respond to Plaintiff’s counsel’s email. Id. On October 19, 2020, Plaintiff’s counsel sent Defendants’ counsel a letter requesting a telephonic meeting to discuss Plaintiff’s need for early discovery to identify the DOE defendants. Schlueter Decl., ¶ 10, Ex. 5.
On October 23, 2020, Plaintiff’s and Defendants’ counsel met and conferred telephonically regarding conducting early discovery to identify the DOE defendants. Id., ¶ 11; dkt. 20-3, Declaration of Allen Christiansen in Opposition to Request (“Christiansen Decl.”), ¶ 2. In an October 28, 2020 letter memorializing the meet and confer, Plaintiff’s counsel stated Plaintiff “seeks only discovery designed to obtain, and verify, participants in the actions that led to [Plaintiff’s]…