Anthony M DeVaughn v. County of Los Angeles

Filing 300

ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY WITH COURT DISCOVERY ORDER by Magistrate Judge Frederick F. Mumm. THE COURT ORDERS PLAINTIFF ANTHONY M. DEVAUGHN TO SHOW CAUSE, IN WRITING, WITHIN 10 DAYS OF THE DATE OF THIS ORDER, WHY THIS ACTION SHOULD NOT BE DISMISSED OR A LESSER SANCTION IMPOSED UPON HIM FOR FAILING TO COMPLY WITH A DISCOVERY ORDER. The Court VACATES the October 23, 2018 hearing on the Motion. The COR Defendants may file a reply to plaintiff's showing within five court days of their receipt of plaintiff's showing. (jm)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 08-1461 AB (FFM)

Title

Anthony M. DeVaughn v. County of Los Angeles, et al.

Present: The Honorable

Date

September 12, 2018

Frederick F. Mumm, United States Magistrate Judge

James Munoz

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff:

Attorneys Present for Defendants:

None Present

None Present

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY WITH
COURT DISCOVERY ORDER

The Court has received the motion to dismiss (the “Motion”) filed by County of
Riverside, Jim Larsh, and Darren J. Mannon (the “COR Defendants”) on September 10,
2018. (Docket No. 298.) The COR Defendants assert that plaintiff violated the Court’s
July 24, 2018 order by failing to appear for his deposition. (See id.; see Docket No.
281.) The COR Defendants seek dismissal of this action or, in the alternative, an order
excluding all testimony from plaintiff. (See Docket No. 298.)
Pursuant to Federal Rule of Civil Procedure 37(b)(2), the Court, among other
sanctions, may dismiss an action in whole or in part for a failure of the plaintiff to obey a
discovery order. Given the allegations made by the COR defendants in the Motion,
THE COURT ORDERS PLAINTIFF ANTHONY M. DEVAUGHN TO SHOW
CAUSE, IN WRITING, WITHIN 10 DAYS OF THE DATE OF THIS ORDER,
WHY THIS ACTION SHOULD NOT BE DISMISSED OR A LESSER SANCTION
IMPOSED UPON HIM FOR FAILING TO COMPLY WITH A DISCOVERY
ORDER.
The Court VACATES the October 23, 2018 hearing on the Motion. The COR
Defendants may file a reply to plaintiff’s showing within five court days of their receipt
of plaintiff’s showing.

:
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

JM

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