Hodnett v. Schwarzenegger et al

Filing 73

ORDER signed by Senior Judge Lloyd D. George on 2/7/2012 GRANTING 71 Motion to Dismiss; DENYING Defendants' Request for monetary sanctions. CASE CLOSED. (Michel, G)

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JAMES HODNETT,

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2:07-cv-0758-LDG

Plaintiff,

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v.

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SCHWARZENEGGER, et al.,

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ORDER

Defendants.

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On December 12, 2011, defendants Mason, Jenesky and Mirza filed an amended motion to

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dismiss for failure to attend deposition and comply with court order (#71). Plaintiff failed to file an

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opposition. After plaintiff failed to appear for a deposition, the court on April 7, 2011, ordered

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plaintiff to appear for his next scheduled deposition or risk dismissal of his claims (#67). Plaintiff

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failed to appear for the properly-noticed deposition scheduled for May 16, 2011. Based on a

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review of the record, arguments of the parties, and plaintiff’s failure to cooperate with discovery,

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the orders of the court, and the rules of court,

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THE COURT HEREBY ORDERS that defendants Mason, Jenesky and Mirza’s motion to
dismiss (#71) is GRANTED.
THE COURT FURTHER ORDERS that defendants’ request for monetary sanctions is
hereby DENIED without prejudice.

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DATED this _____ day of February, 2012.

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______________________________
Lloyd D. George
United States District Judge