Caputo v. Kern County Sheriff's Office

Filing 160

ORDER GRANTING Defendants' Request for Extension of Time to Depose Plaintiff, DENYING Plaintiff's Request for Sanctions, and REQUIRING Defendants to Re-Serve Documents 156 , 157 & 159 , signed by Magistrate Judge Erica P. Grosjean on 1/31/2019: Defendants have seven days from the date of service of this order to re-serve the documents that were returned as undeliverable. (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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Case No. 1:15-cv-01008-LJO-EPG (PC)

Plaintiff,

ORDER GRANTING DEFENDANTS’
REQUEST FOR EXTENSION OF TIME TO
DEPOSE PLAINTIFF, DENYING
PLAINTIFF’S REQUEST FOR
SANCTIONS, AND REQUIRING
DEFENDANTS TO RE-SERVE
DOCUMENTS

v.
GONZALES, et al.,

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Defendants.

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(ECF NOS. 156, 157, & 159)
Brian Caputo (“Plaintiff”) is a prisoner1 proceeding pro se and in forma pauperis in this
this civil rights action filed pursuant to 42 U.S.C. § 1983.

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On January 28, 2019, Plaintiff filed a notice stating that Defendants failed to send him

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the documents required by the Court order dated December 20, 2018. (ECF No. 156). Due to

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this failure, as well as Defendants’ alleged false statements, Plaintiff asks for terminating

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sanctions. (ECF No. 157, p. 2).

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On January 30, 2019, Defendants filed a motion to extend discovery deadline for

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deposition of Plaintiff. (ECF No. 159). Defendants state that the video deposition could not

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take place due to the shutdown of the federal government, and ask that the deadline be

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extended to March 29, 2019. In the motion, Defendants also state that the documents they sent

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in compliance with the Court’s order dated December 20, 2018, were returned as undeliverable.

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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 USP Yazoo City.
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The Court finds good cause to grant Defendants’ request for an extension of time to

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take Plaintiff’s deposition. Accordingly, Defendants will be given until March 29, 2019, to

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take Plaintiff’s deposition. The extension does not apply to any other discovery.

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As to Plaintiff’s request for sanctions, it will be denied. Defendants have stated that

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they did comply with the Court’s order, but that the documents were returned as undeliverable.

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Defendants also submitted a copy of the return receipt. Thus, sanctions are not appropriate.

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However, the Court will direct Defendants to re-serve the documents on Plaintiff.

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Accordingly, IT IS ORDERED that:
1. Defendants have until March 29, 2019, to take Plaintiff’s deposition;

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2. Plaintiff’s request for sanctions is denied; and

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3. Defendants have seven days from the date of service of this order to re-serve the

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documents that were returned as undeliverable.

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IT IS SO ORDERED.
Dated:

January 31, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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