Cardoza v. Tann et al

Filing 129

ORDER RE: Motions at Dockets 92 and 97 signed by Chief Judge Ralph R. Beistline on 10/15/2015. (Flores, E)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
LAWRENCE PEPE CARDOZA,
Case No. 1:11-cv-01386-RRB
Plaintiff,
ORDER RE: MOTIONS AT
DOCKETS 92 and 97

vs.
M. TANN, et al.,
Defendants.

At Docket 92 Defendants T. Byers, M. Codd, R. Cummings, R. Hopkins, T. Mackey,
S. Martinez, and J. Oldan filed a Motion to Compel Responses to Discovery Requests. At
Docket 97 Defendants moved for terminating sanctions for failure to attend a deposition
and participate in court ordered discovery. At Docket 103 the Court entered its Order to
Show Cause on or before August 10, 2015, why Plaintiff should not be limited to the
introduction of evidence supporting the factual basis for his claim, as those facts are
expressly recited in the First Amended Complaint, and the introduction of documents in the
possession, custody, and control of Defendants. Plaintiff has failed to respond to the
Court’s Order.
Accordingly, as against Defendants T. Byers, M. Codd, R. Cummings, R. Hopkins,
T. Mackey, S. Martinez, and J. Oldan, Plaintiff is hereby limited to the introduction of:
(1) facts except to the extent those facts are specifically alleged in his First Amended
Complaint (Docket 18); (2) any exhibits, except to the extent that those exhibits are within
ORDER RE MOTIONS AT 92 AND 97
Cardoza v. Tann, 1:11-cv-01386-RRB – 1

the possession, custody of control of the Defendants;1 and (3) testimony of any witnesses,
other than himself and the Defendants, except to the extent those witnesses may be
necessary to authenticate documents in the possession, custody, or control of the
Defendants.
The Clerk of the Court is directed to serve a copy of this Order on Plaintiff at his last
known address.
IT IS SO ORDERED this 15th day of October, 2015.
S/ RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

1

As defined in the Scheduling and Planning Order. Docket 59.

ORDER RE MOTIONS AT 92 AND 97
Cardoza v. Tann, 1:11-cv-01386-RRB – 2