Shehee v. Perez et al
Filing
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ORDER Overruling Plaintiff's Objection to Deposition without Scheduling Order re 67 , signed by Magistrate Judge Barbara A. McAuliffe on 6/5/19. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GREGORY ELL SHEHEE,
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Plaintiff,
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v.
PEREZ,
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Case No. 1:16-cv-01346-AWI-BAM (PC)
ORDER OVERRULING PLAINTIFF’S
OBJECTION TO DEPOSITION WITHOUT
SCHEDULING ORDER
(ECF No. 67)
Defendant.
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Plaintiff Gregory Ell Shehee (“Plaintiff”) is a former civil detainee proceeding pro se in
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this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s first
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amended complaint against Defendant Perez for excessive force in violation of the Fourteenth
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Amendment.
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On October 16, 2018, the Court issued a discovery and scheduling order in this action,
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setting the deadline for completion of all discovery for June 16, 2019. (ECF No. 56.) That order
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was served on Plaintiff on October 16, 2018, and re-served on Plaintiff on November 8, 2018
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following Plaintiff’s change of address.
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Currently before the Court is Plaintiff’s “Objection to an Untimely Deposition without
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Scheduling Order,” filed June 5, 2019. (ECF No. 67.) Plaintiff appears to object to Defendant
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Perez’s taking of Plaintiff’s deposition without the Court having issued a scheduling order for
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discovery.
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As noted above, the Court issued a discovery and scheduling order in this action nearly
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eight months ago, and the order was served on Plaintiff twice. As it appears Plaintiff’s primary
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objection to the taking of his deposition is the lack of a discovery order, and a discovery order has
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been issued in this matter, Plaintiff’s objection, (ECF No. 67), is OVERRULED.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
June 5, 2019
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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