Davis v. Seven Oaks Medical Group et al

Filing 29

ORDER AFTER 27 TELEPHONIC CONFERENCE RE: DISCOVERY DISPUTE, signed by Magistrate Judge Jennifer L. Thurston on 3/19/2015. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

Plaintiff,

12
13

Case No.: 1:14-cv-00669 JLT

BONNIE DAVIS,

ORDER AFTER TELEPHONIC CONFERENCE
RE: DISCOVERY DISPUTE

v.

14
15

(Doc. 27)

SEVEN OAKS MEDICAL GROUP, et al.,
Defendants.

16
17

At the request of Defendants’ counsel, the Court held a telephonic conference with counsel

18

regarding the taking of Plaintiff’s deposition on March 19, 2015. Counsel reported that Plaintiff’s

19

deposition had been noticed three times but, due to calendar conflicts of Plaintiff’s attorney, and a fall

20

Plaintiff suffered the day before the last scheduled deposition—on February 12, 2015—the deposition

21

has not occurred.

22

At the telephonic conference, counsel agreed that Plaintiff’s deposition will occur on April 2,

23

2015 at 1:30 p.m. at the offices of LeBeau-Thelen LLP located at 5001 East Commercenter Drive,

24

Suite 300, Bakersfield, CA. Plaintiff is ORDERED to be present at that time and to submit to

25

deposition. Plaintiff is ORDERED to produce at the time of her deposition, a copy of her doctor’s

26

note demonstrating the injuries she suffered in her fall on February 11, 2015 and documenting her

27

inability to proceed in her deposition on February 12, 2015.

28

In the event Plaintiff fails appear for and submit to deposition on April 2, 2015, Defendants are
1

1

authorized to file their motion to compel immediately. They may proceed according to Local Rule

2

251(e) without further need to meet and confer based upon Plaintiff’s complete and total failure to

3

comply with the discovery request.

4
5

In addition, Plaintiff is advised that her failure to comply with the Court’s orders set forth here
may result in the imposition of sanctions, up to and including, dismissal of this action.

6
7
8
9

IT IS SO ORDERED.
Dated:

March 19, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2