Morgutia-Johnson v. City Of Fresno et al

Filing 43

ORDER DISCHARGING March 9, 2015 Order to Show Cause re Contempt, 34 . Order signed by Magistrate Judge Sheila K. Oberto on 3/24/2015. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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IDALIA J. MORGUITIA-JOHNSON,
Plaintiff,

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Case No. 1:14-cv-00127-LJO-SKO

v.

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ORDER DISCHARGING MARCH 9, 2015
ORDER TO SHOW CAUSE RE
CONTEMPT
(Doc. 34)

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CITY OF FRESNO, et al.,

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Defendants.
_____________________________________/

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On March 6, 2015, Defendants filed an ex parte application for a court order to compel the

18 deposition of Tasha Cole. (Doc. 31.) The Court construed this as an application to issue an Order
19 to Show Cause for Tasha Cole's failure to appear for a deposition pursuant to a duly served
20 subpoena. (Doc. 34.) On March 9, 2015, the Court issued an order that Ms. Cole appear on
21 March 18, 2015, to show cause why she should not be held in contempt for her failure to comply
22 with the deposition subpoena served on her by Defendants. (Doc. 34.)
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On March 18, 2015, Ms. Cole appeared at the hearing on the order to show cause, stated

24 she was willing to comply with the deposition subpoena, and agreed to appear at 11:00 a.m. for a
25 deposition at the location indicated by Defendants in open court. (Doc. 39.) Defendants were
26 instructed to file a declaration indicating whether the deposition was completed.
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On March 20, 2015, Defendants filed a declaration stating that Ms. Cole's deposition was

28 completed on March 18, 2015, and requested that the order to show cause be discharged.

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In light of Ms. Cole's compliance and Defendants' counsel's declaration that Ms. Cole’s

2 deposition has been completed, IT IS HEREBY ORDERED that the March 9, 2015, order to show
3 cause re civil contempt of Ms. Cole is DISCHARGED.
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IT IS SO ORDERED.
Dated:

March 24, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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