Caputo v. Kern County Sheriff's Office

Filing 57

ORDER Requiring Status Report re 54 , signed by Magistrate Judge Erica P. Grosjean on 10/11/17. 21-Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRIAN CAPUTO,
Plaintiff,

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Case No. 1:15-cv-01008-EPG (PC)
ORDER REQUIRING STATUS REPORT

v.
(ECF NO. 54)
GONZALEZ,
Defendant.

TWENTY-ONE DAY DEADLINE

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On June 29, 2017, the United States Marshals Service (“USMS”) returned the summons

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unexecuted as to Deputy Gonzalez because Deputy Gonzalez was no longer employed by Kern

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County and did not leave a forwarding address. (ECF No. 49). On July 7, 2017, the Court

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granted Plaintiff’s motion for the issuance of a subpoena upon Kern County Sherriff’s Office

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by the USMS without prepayment of costs so that Plaintiff could request documents regarding

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the full name and last known address of Deputy Gonzalez. (ECF No. 51).

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After Plaintiff completed and returned the subpoena and Form USM-285 (ECF No. 52),

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the Court directed the USMS to serve the subpoena. (ECF No. 53). On August 16, 2017, the

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USMS filed a certificate of service, which stated that the subpoena was personally served on

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August 10, 2017. (ECF No. 54).

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It has now been two months since Kern County Sheriff’s Office was served with the

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subpoena, and Plaintiff has not requested additional service documents so that he can complete

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and return them with an updated address for Deputy Gonzalez, filed a motion to compel, or
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filed a request for additional discovery.

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Accordingly, IT IS ORDERED that Plaintiff has twenty-one days from the date of

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service of this order to provide a status report regarding his efforts to obtain the full name and

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last known address of Deputy Gonzalez.

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Failure to comply with this order may result in the dismissal of this action.

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IT IS SO ORDERED.
Dated:

October 11, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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