Nelson v. Costello, et al

Filing 56

ORDER Granting in Part and Denying in Part 54 Motion to Compel and Directing Plaintiff Make Himself Available for a Telephonic Deposition Noticed by Defendants no Later than September 11, 2009, signed by District Judge G. Murray Snow on 9/08/2009. (Flores, E)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. S H E IL A COSTELLO, et al., D e f e n d a n ts . T A R Z A R R. NELSON, P la in tif f , ) ) ) ) ) ) ) ) ) ) ) N o . 1:07-cv-0802-GMS IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA

ORDER

P e n d in g before the Court is Defendants' Motion to Compel Plaintiff's Personal A tte n d a n ce at Deposition and Request for Sanctions (Dkt. # 54). After having reviewed th e motion to which Defendant filed no reply the motion is denied in part and granted in p a rt. Plaintiff shall make himself available telephonically for deposition prior to September 1 1 , 2009. Plaintiff has previously failed to appear at his previously noticed deposition. If P la in tif f persists in failing to cooperate with his telephonic deposition by September 11, 2 0 0 9 then the Court advises Plaintiff risks to have his case dismissed with prejudice. T h e re f o re , I T IS HEREBY ORDERED denying in part and granting in part Defendant's M o tio n to Compel (Dkt. # 54) and directing Plaintiff make himself available for a te le p h o n ic deposition noticed by Defendants no later than September 11, 2009. D A T E D this 8th day of September, 2009.