Bradford v. Marchak

Filing 324

ORDER Overruling Plaintiff's Objection to Order Denying Plaintiff's Motion for Protective Order 323 , signed by Magistrate Judge Barbara A. McAuliffe on 5/17/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAYMOND ALFORD BRADFORD,

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Plaintiff,
v.
M. MARCHAK,
Defendants.

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Case No.: 1:14-cv-1689-LJO-BAM (PC)
ORDER OVERRULING PLAINTIFF’S
OBJECTION TO ORDER DENYING
PLAINTIFF’S MOTION FOR PROTECTIVE
ORDER
(Doc. 323)

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Plaintiff Raymond Alford Bradford is state prisoner proceeding pro se and in forma pauperis
in this civil rights action pursuant to 42 U.S.C. § 1983.

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On May 4, 2018, the Court denied Plaintiff’s motion for a protective order pursuant to Federal

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Rule of Civil Procedure 26(c), in which he sought either to be relieved of the obligation to be deposed

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in this case, or to have a deposition lasting fourteen (14) days. (Doc. 320.) Currently before the Court

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is Plaintiff’s objection to that order, filed on May 16, 2018. (Doc. 323.)

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Plaintiff objects that earlier when he attended his first deposition, which did not proceed, he

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did so because he felt pressured to attend a deposition that he in fact had no intention of participating

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in because of his health issues. Plaintiff seeks reconsideration of the prior ruling.

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Plaintiff’s objection is overruled. Defendants are entitled to depose Plaintiff to obtain

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discovery in this case. See Fed. R. Civ. P. 30(a)(1) (a party may depose any person, including a party,

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without leave of court). See also Aug. 10, 2017 discovery and scheduling order, Doc. 27 at ¶ 3

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(authorizing Defendants to depose Plaintiff and any other incarcerated witness upon serving a notice

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under Fed. R. Civ. P. 30(b)(1)).
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The Court considered Plaintiff’s request for a protective order and evaluated the record,

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including medical records Plaintiff has submitted in support of his requests. (See, e.g., Doc. 70, at 60;

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Doc. 136, at 21.) These records support that Plaintiff has been diagnosed with deep venous thrombosis

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in the leg and ulcerative colitis, along with other medical and mental health issues, and that he is

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receiving treatment for these conditions. Nevertheless, it appears that Plaintiff’s conditions can be

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accounted for with reasonable breaks and accommodations in a single-day deposition. Plaintiff has not

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shown otherwise.

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Plaintiff has now repeatedly objected to the taking of his deposition because he does not think
it serves a purpose, and because he has made serious allegations in this matter. The fact that Plaintiff

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has done what every plaintiff in a civil action does—filed a complaint setting forth his claims and

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allegations—does not excuse him from appearing for his properly noticed deposition. Rather, as the

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plaintiff of this case, he is obligated to attend and meaningfully participate in his deposition.

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Federal Rule of Civil Procedure 37 authorizes the court to impose sanctions based on a party’s

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failure to attend his own deposition. Fed. R. Civ. P. 37(d)(1)(A). Sanctions may include dismissal of

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this action in its entirety. Fed. R. Civ. P. 37(b)(2)(A)(i)-(vi). The district court has broad discretion in

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imposing sanctions under Rule 37. Payne v. Exxon Corp., 121 F.3d 503, 507 (9th Cir. 1997). If

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Plaintiff wishes to choose not to attend his deposition in this case, he may file a motion to voluntarily

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dismiss this action pursuant to Federal Rule of Civil Procedure 41. Otherwise, Plaintiff’s lack of

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attendance and any failure to meaningfully participate and cooperate in the taking of his deposition

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will result in a recommendation for terminating sanctions in this matter.

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Accordingly, Plaintiff’s objection to the Court’s order denying his motion for a protective
order (Doc. 323) is HEREBY OVERRULED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

May 17, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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