Thao
Thao v. Lynch
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHAKONG THAO, et al., No. 2:21-cv-0731 KJM AC P Plaintiffs, v. ORDER LYNCH, et al., Defendants. 16 This case is before the court on defendant Swarthout’s motion to quash (ECF No. 40), which plaintiffs oppose (ECF No. 44). The parties have filed a joint discovery statement in compliance with Local Rule 251 and the undersigned’s standing order. ECF No. 50. I. Relevant Background Plaintiffs filed a first amended complaint against Swarthout, a prison psychiatrist; Lynch, warden at California State Prison (CSP)-Sacramento; and Does 1-10, in which they alleged the defendants were responsible for the death of their son/brother, who was murdered by his cellmate, Negrete. ECF No. 6. Swarthout and Lynch moved to dismiss the complaint (ECF Nos. 8, 18), and the motion was granted as to Lynch (ECF No. 30). To date, no Doe defendants have been