Caputo v. Kern County Sheriff's Office

Filing 114

ORDER DENYING Plaintiff's Request for Sanctions and Directing Defendants to Serve Plaintiff With a Copy of Their Initial Disclosures 112 , signed by Magistrate Judge Erica P. Grosjean on 8/17/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRIAN CAPUTO,

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Plaintiff,
v.
GONZALES, et al.,

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Defendants.

Case No. 1:15-cv-01008-LJO-EPG (PC)
ORDER DENYING PLAINTIFF’S
REQUEST FOR SANCTIONS AND
DIRECTING DEFENDANTS TO SERVE
PLAINTIFF WITH A COPY OF THEIR
INITIAL DISCLOSURES
(ECF NO. 112)

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Brian Caputo (“Plaintiff”) is a prisoner1 proceeding pro se and in forma pauperis in this
civil rights action filed pursuant to 42 U.S.C. § 1983.
On August 16, 2018, Plaintiff filed objections to Defendants’ motion for a protective

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order. (ECF No. 112). While titled as objections to Defendants’ motion for a protective order,

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Plaintiff is actually seeking sanctions against Defendants because, according to Plaintiff,

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Defendants lied to the Court when stating that they served Plaintiff with their initial

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disclosures.

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Plaintiff’s motion will be denied because has presented no evidence that Defendants

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lied to the Court. However, because Plaintiff has alleged that he did not receive Defendants’

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initial disclosures, the Court will order Defendants to serve Plaintiff with a copy of their initial

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Plaintiff was detained at Kern County Jail at the time of the incidents alleged in the complaint. He is
now incarcerated at FCI Marianna.

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disclosures.
Accordingly, based on the foregoing, it is HEREBY ORDERED that:

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1. Plaintiff’s request for sanctions is DENIED; and

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2. Defendants have fourteen days from the date of service of this order to serve

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Plaintiff with a copy of their initial disclosures.

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IT IS SO ORDERED.
Dated:

August 17, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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