United States District Court, D. Connecticut
MARVIN E. OWENS, Plaintiff,
v.
CAPTAIN FITZGERALD, [1] Defendant.
RULING ON DEFENDANT'S MOTION TO COMPEL
Donna
F. Martinez, United States Magistrate Judge
The
plaintiff, Marvin Owens, who is self-represented, brings this
action pursuant to 42 U.S.C. § 1983 against the
defendant, Captain Fitzgerald, alleging that he seized the
plaintiff's motorcycle without probable cause. The
plaintiff also alleges a state law defamation claim. Pending
before the court is the defendant's motion to compel
(doc. #71). The plaintiff filed a response (doc. #75) and the
defendant filed a reply brief (doc. #80). The motion is
granted in part and denied in part as follows:
1.
Interrogatory 3 is granted. The plaintiff shall provide the
requested address. If he does not know it, he shall so state
under oath.
2.
Interrogatory 4 seeks purchase information for the
motorcycle. The plaintiff objects and says that he "hand
deliver[ed]" this information to defense counsel. The
defendant does not agree and seeks a response. The request is
granted.
3.
Interrogatory 5 is denied. The plaintiff has responded that
he does not remember.
4.
Interrogatory 6 seeks any tax payments (such as property
taxes pursuant to Connecticut state law) the plaintiff paid
regarding the motorcycle. The request is granted.
5.
Interrogatory 7 is denied as moot.
6.
Interrogatory 10 seeks specific damages information the
plaintiff claims as a result of the alleged incident. The
request is granted.
7.
Interrogatory 11 seeks witness information. The request is
granted.
8.
Interrogatory 12 seeks statements by any party or witness to
the alleged incident. The request is granted.
9.
Interrogatory 13 seeks photographs or recordings of the
incident. The plaintiff states "Objection: plaintiff
feel this Question (13) leads and or is means to gain
discovery production." The request seeks relevant
information and is granted.
10.
Interrogatory 14 seeks "the name, address and present
location of any person who the plaintiff expects to call as
an expert witness at trial," the subject matter to which
the expert is expected to testify, and a summary of the
grounds of the opinion. The plaintiff states "Objection
(14) means to gain discovery, production, furthermore,
tailormade for Trial memaradum [sic]." The request seeks
relevant, discoverable information. The plaintiff's
objection is overruled. The request is granted.
11.
Interrogatory 15 asks whether the plaintiff held a license to
operate a motorcycle. The plaintiff responded
"Objection: Plaintiff pertaining to this case was not
charged, or given any tickets, summon[s], infractions in
which defendant Look to imply, plasable [sic] defense.
'ANSWER' Question out of scope." To the extent
that the plaintiff is asserting a relevance objection, the
objection is overruled. The request is granted.
12.
Interrogatory 16 asks whether the plaintiff has ever had his
driver's license suspended. The plaintiff's relevance
...