Archer et al v. City of Taft, Ca. Inc. et al

Filing 54

ORDER DENYING 47 Without Prejudice Plaintiffs' Motion to Continue the Deposition of Defendant Jill Gipson, signed by Magistrate Judge Jennifer L. Thurston on 6/30/2014. The hearing date of 7/22/2014 is VACATED. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DARRELL ARCHER, et al.,
Plaintiffs,

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v.
CITY OF TAFT, et al.,
Defendants.

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Case No.: 1:12-cv-00261 - AWI - JLT
ORDER DENYING WITHOUT PREJUDICE
PLAINTIFFS’ MOTION TO CONTINUE THE
DEPOSITION OF DEFENDANT JILL GIPSON
(Doc. 47)

Darrell Archer and Keitha Darquea (“Plaintiffs”) filed a “Motion to Continue the Deposition of

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Jill Gipson” on June 23, 2014. (Doc. 47.) Plaintiffs report that they took the deposition on June 10,

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2014, but “because of an unexpected reaction to the deposition room or something in the air, Plaintiff

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Archer became ill and had to cut the deposition short.” (Id. at 1.) Plaintiffs assert Archer “never got to

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ask the remainder of important questions he had laid out for this deposition.” (Id. at 2.) Therefore,

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Plaintiffs request t “th[e] Court . . . authorize Plaintiffs to continue the Deposition of Jill Gipson.” (Id.)

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Importantly, however, Plaintiffs do not assert that they met and conferred with Defendants

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regarding continuing the deposition. On April 15, 2014, the Court informed the parties that “[a] party

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with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by

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agreement the issues in dispute.” (Doc. 30 at 4.) Further, the parties were advised that “[n]o written

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discovery motions shall be filed without the prior approval of the assigned Magistrate Judge.” (Id.)

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Despite this, Plaintiffs filed the motion now pending before the Court.
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Because Plaintiffs failed to meet and confer with Defendants regarding this discovery issue, IT
IS HEREBY ORDERED:

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The hearing date of July 22, 2014 is VACATED; and

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2.

Plaintiffs’ motion to continue the deposition of Jill Gipson is DENIED without
prejudice.

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IT IS SO ORDERED.
Dated:

June 30, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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