Ferguson v. California Department of Corrections et al

Filing 74

ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/28/12 granting 71 Motion to Compel plaintiff's deposition. Plaintiff has 7 days in which to confer with opposing counsel to schedule his appearance for deposition in Los Angeles, Calif ornia area. The deposition shall occur no later than 30 days after the date of this order. Plaintiff has 14 days in which to show cause to the court why he should not be charged with defendant Hall's reasonable expenses incurred in bringing the motion to compel, including attorney's fees, as provided in FRCP 37(a)(5)(A). (Plummer, M)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9

JIM FERGUSON

10

Plaintiff,

11

vs.

12

No. CIV S-06-1301 MCE CKD P

C. HALL

13

Defendant.

ORDER
/

14
15

Plaintiff is a former state prisoner proceeding without counsel in an action under

16

42 U.S.C. § 1983. On January 10, 2011, defendant Hall moved to compel plaintiff’s deposition,

17

arguing that an order from the court was necessary in light of plaintiff’s failure to appear for

18

deposition on December 22, 2011, despite having been duly noticed. Plaintiff has not responded

19

to the motion.

20

Plaintiff’s failure to respond to opposing counsel or the court relieves the

21

defendant of the obligation to file a joint statement under Local Rule 251(e). The court finds that

22

defendant Hall has met the conferring requirements set out in Fed. R. Civ. P. 37(a)(1) and Local

23

Rule 251(b) and that the motion to compel plaintiff to appear for deposition is well taken.

24

Plaintiff will be ordered to show cause why he should not be charged with the defendant’s

25

reasonable expenses in bringing the instant motion, including attorney’s fees. Fed. R. Civ. P.

26

37(a)(5)(A).
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The motion to compel plaintiff’s deposition (Docket No. 71) is granted.

3

Plaintiff has seven days in which to confer with opposing counsel to schedule his appearance for

4

deposition in the Los Angeles, California, area. The deposition shall occur no later than thirty

5

days after the date of this order.

6

2. Plaintiff has fourteen days in which to show cause to the court why he should

7

not be charged with defendant Hall’s reasonable expenses incurred in bringing the motion to

8

compel, including attorney’s fees, as provided in Fed. R. Civ. P. 37 (a)(5)(A).

9

Dated: February 28, 2012

10

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

11
12
13
3

14

ferg1301.ord

15
16
17
18
19
20
21
22
23
24
25
26
2