United States District Court
District of Connecticut
FILED AT NEW HAVEN
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT \\J6\J 0-rr-.~~ aa
Aobu.Jif!. D. Tabora, Clerk
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STANDING ORDER RE: INITIAL DISCOVERY DISCLOSURES
This Order shall be entered in any case in which a self-
represented inmate in the custody of the Connecticut Department
of Correction ("DOC") files suit against one or more employees
of the State of Connecticut relating to events occurring during
plaintiff's incarceration. The Order shall be entered upon the
filing of an Initial Review Order ordering service of the
Complaint.
ORDER
The Complaint has been reviewed by the Court, and an
Initial Review Order has been filed, allowing the Complaint to
proceed to service of process on defendant(s).
In order to assist in the efficient prosecution of this
matter, the Court hereby enters the following Order:
1. MATERIALS TO BE PROVIDED BY PLAINTIFF
Within 45 days from the appearance of any defendant, the
self-represented plaintiff shall provide the following materials
to counsel for the defendant(s):
• A list of any witnesses believed to have relevant
information regarding the claims in the Complaint.
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• A damages analysis, that is, a statement of any money
damages claimed and the basis for such claims. The
damages analysis must state the type of harm the
plaintiff suffered, and the basis for any demand for
financial compensation for the harm.
• A statement of any non-monetary relief sought by
plaintiff.
• Copies of any grievances, complaints, notices, reports
or correspondence in plaintiff's possession that
relate to the claims in the Complaint.
2. MATERIALS TO BE PROVIDED BY DEFENDANT(S)
Within 45 days from the appearance of a defendant, counsel
for that defendant shall provide the following materials to the
self-represented plaintiff:
• A list of any witnesses believed to have relevant
information regarding the claims in the Complaint.
• Copies of any grievances, complaints, notices, reports
filed by the plaintiff, or correspondence from the
plaintiff, in the possession of any individual
defendant or the DOC that relate to the claims in the
Complaint.
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• Copies of any incident reports, reports of
investigation, disciplinary reports, or similar
reports relating to the claims in the Complaint.
• If the Complaint includes a claim relating to medical
treatment, physical injuries, medication, mental
illness, or other medical issues (whether physical or
psychological), a copy of the plaintiff's DOC medical
records for the relevant time period set forth in the
Complaint and/or the Initial Review Order.
If redactions are made to any materials disclosed, the
disclosure must be accompanied by a privilege log indicating the
basis for the redactions.
3. PRESERVATION OF EVIDENCE
Counsel for the defendants shall immediately confer with
any individual defendants and with staff at the correctional
facility or facilities at which the events underlying the claims
in the Complaint occurred and direct the defendants and staff to
preserve any video recordings, whether made by stationary,
surveillance, or handheld cameras, and any photographs, that may
have captured the events giving rise to the Complaint. Failure
to preserve relevant video recordings or photographs may result
in the imposition of sanctions. Such materials need not be
produced at this time, but must be preserved.
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4. OBJECTIONS
If either party seeks to be relieved from any of the
requirements of this Order, a motion explaining the relief
sought and the basis for that relief must be filed by the
plaintiff within ten days of the docketing of this Order, and
must be filed by a defendant within ten days of the appearance
of that defendant's counsel.
5. AFFIRMATIVE DEFENSES
If a defendant asserts any affirmative defenses related to
(a) failure to exhaust administrative remedies; (b)
jurisdiction; or (c) release of the claims at issue; counsel for
that defendant shall file a notice with the Court within 45 days
of the appearance of the defendant, describing the defenses.
SO ORDERED.
Dated at Bridgeport, Connecticut this 20th day of
November 2018.
/s/ Stefan R. Underhill
Stefan R. Underhill
Chief U.S. District Judge
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