Bradford v. Ogbuehi

Filing 116

ORDER DENYING 111 Motion to Compel, signed by Magistrate Judge Stanley A. Boone on 05/20/2021. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAYMOND ALFORD BRADFORD,

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Plaintiff,

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v.
C. OGBUEHI, et al.
Defendants.

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Case No.: 1:17-cv-01128-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO COMPEL DISCOVERY
(ECF No. 111)

Plaintiff Raymond Alford Bradford is a state prisoner proceeding pro se and in forma pauperis
in this civil rights action pursuant to 42 U.S.C. § 1983.
On May 10, 2021, Plaintiff filed a motion to compel copies of written discovery that has been

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exchanged in this case. (ECF No. 111.) Plaintiff also seeks to stay his deposition and/or to allow him

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to appear telephonically. (Id.)

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On May 12, 2021, Plaintiff filed a second motion in which he also seeks copies of written

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discovery and other documents. (ECF No. 112.) Plaintiff contends that he does not have ready access

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to the discovery materials in order to properly prepare for his deposition.

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On May 19, 2021, Defendants filed a response to Plaintiff’s motions. (ECF No. 114.)

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Plaintiff’s motion to compel shall be denied. Defendants submit that Plaintiff’s deposition was

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previously scheduled for May 10, 2021; however, the deposition did not go forward because Plaintiff

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is currently receiving ongoing mental health treatment and is currently placed in a mental health crisis

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bed. (Id. at 1.) The deposition has not yet been re-set, and the Court granted Defendants’ request to

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extend the discovery deadline to August 20, 2021, for limited purpose of taking Plaintiff’s deposition.

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(ECF No. 115.) Defendants will re-set the deposition once Plaintiff is discharged from the mental
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health crisis bed and his mental health teams allows him to be deposed. (ECF No. 114 at 2.) When

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the deposition is re-set, it will be noticed to occur by videoconference, with Plaintiff, defense counsel,

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and the court reporter at separate locations. (Id.) Lastly, Defendants submit that they will provide

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Plaintiff with copies of all written discovery that has been exchanged to date. (Id.)
Plaintiff’s motion to compel is moot as his deposition scheduled for May 10, 2021, was

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canceled and will not be rescheduled until he is discharged from the mental health crisis bed. In

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addition, the deposition will appear by videoconference and Defendants have agreed to provide

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Plaintiff will all written discovery responses exchanged. Accordingly, Plaintiff’s motion to compel is

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denied.

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IT IS SO ORDERED.

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Dated:

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May 20, 2021
UNITED STATES MAGISTRATE JUDGE

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