Romero v. Core Civic, Inc.
Romero v. Core Civic, Inc.
Case 1:21-cv-00544-KG-CG (D.N.M. 2022)
March 14, 2022

Garza, Carmen E.,  United States Magistrate Judge

Failure to Produce
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Summary
The Court granted in part and denied in part the motion to compel, ordering Defendants to produce certain ESI, such as Policy 01-15, Retention of Records; Policy 01-22, Audits, Inspections, and Corrective Actions; Policy 03-22, Internal Investigations; and Policy CCA-PG-07, Count, as well as the names of inmates and classification records. However, the Court denied Plaintiff's request for personnel files. The Court also took under advisement Plaintiff's request for an award of attorneys' fees.
Additional Decisions
RUBEN ROMERO, Plaintiff,
v.
CORE CIVIC INC., CORE CIVIC OF TENNESSEE, LLC., WARDEN BRIAN KOEHN, ANA PADILLA, and GARRICK PETERSON, Defendants
No. 1:21-cv-00544-KG-CG
United States District Court, D. New Mexico
Filed March 14, 2022

Counsel

Alyssa D. Quijano, Laura Schauer Ives, Adam C. Flores, IVES & FLORES, P.A., Albuquerque, NM
Attorneys for Plaintif
Kristina R. Rood, Jacob B. Lee, Timothy J. Bojanowski, Daniel P. Struck, STRUCK LOVE BOJANOWSKI & ACEDO, PLC, Chandler, AZ
Attorneys for Defendants
Garza, Carmen E., United States Magistrate Judge

ORDER GRANTING IN PART PLAINTIFF’S MOTION TO COMPEL

THIS MATTER was heard by the Court on Plaintiff’s Motion to Compel, [DOC. 36], on March 10, 2022. Based on the parties’ briefing and statements at the hearing, the Court finds the parties adequately met and conferred prior to Plaintiff filing his Motion. The Court, having reviewed the Motion and heard argument by the parties, hereby GRANTS in part and DENIES in part Plaintiff’s Motion to Compel [DOC. 36], as follows:

IT IS THEREFORE ORDERED that Defendants shall produce Policy 01-15, Retention of Records; Policy 01-22, Audits, Inspections, and Corrective Actions; Policy 03-22, Internal Investigations; and Policy CCA-PG-07, Count in response to Plaintiff’s Request for Production No. 9 no later than 5:00 p.m. on Friday, March 11, 2022.

IT IS FURTHER ORDERED that Defendants shall produce the names of all inmates housed in Unit 400-A Pod on June 12, 2018, pursuant to Plaintiff’s Interrogatory No. 6, and classification records for all inmates housed in the same pod, pursuant to Plaintiff’s Request for Production No. 11 no later than 5:00 p.m. on Thursday, March 17, 2022. If Defendants are unable to produce the names and classification records by this date, they must provide a written explanation to Plaintiff as to why the documents are not available.

IT IS FURTHER ORDERED that Plaintiff’s request for Defendant Padilla’s and Peterson’s personnel files, pursuant to Plaintiff’s Request for Production No. 10, is denied.

IT IS FURTHER ORDERED that the Court will take under advisement Plaintiff’s request for an award of attorneys’ fees pending determination of whether Defendants’ objections were substantially justified.

IT IS SO ORDERED.