Shehee v. Perez et al

Filing 68

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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY ELL SHEHEE, 12 Plaintiff, 13 14 v. PEREZ, 15 Case No. 1:16-cv-01346-AWI-BAM (PC) ORDER OVERRULING PLAINTIFF’S OBJECTION TO DEPOSITION WITHOUT SCHEDULING ORDER (ECF No. 67) Defendant. 16 17 Plaintiff Gregory Ell Shehee (“Plaintiff”) is a former civil detainee proceeding pro se in 18 this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s first 19 amended complaint against Defendant Perez for excessive force in violation of the Fourteenth 20 Amendment. 21 On October 16, 2018, the Court issued a discovery and scheduling order in this action, 22 setting the deadline for completion of all discovery for June 16, 2019. (ECF No. 56.) That order 23 was served on Plaintiff on October 16, 2018, and re-served on Plaintiff on November 8, 2018 24 following Plaintiff’s change of address. 25 Currently before the Court is Plaintiff’s “Objection to an Untimely Deposition without 26 Scheduling Order,” filed June 5, 2019. (ECF No. 67.) Plaintiff appears to object to Defendant 27 Perez’s taking of Plaintiff’s deposition without the Court having issued a scheduling order for 28 discovery. 1 1 As noted above, the Court issued a discovery and scheduling order in this action nearly 2 eight months ago, and the order was served on Plaintiff twice. As it appears Plaintiff’s primary 3 objection to the taking of his deposition is the lack of a discovery order, and a discovery order has 4 been issued in this matter, Plaintiff’s objection, (ECF No. 67), is OVERRULED. 5 6 7 IT IS SO ORDERED. Dated: /s/ Barbara June 5, 2019 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?