Leubner v. County of San Joaquin et al

Filing 163

ORDER signed by Magistrate Judge John F. Moulds on 1/18/2012 GRANTING in part, DENYING in part the 162 Request for Immediate Telephonic Conference. The Request for a telephonic conference is DENIED. The Request for a modification to the scheduling order is GRANTED. Plaintiff's deposition is to be completed by 2/9/2012. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MILOS LEUBNER,
Plaintiff,

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No. 2:08-cv-0853 GEB JFM PS

vs.
COUNTY OF SAN JOAQUIN, et al.,
Defendants.

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ORDER
/

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On January 13, 2012, defendants filed a joint request for immediate telephonic

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conference concerning plaintiff’s non-appearance at a scheduled deposition or, in the alternative,

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for an order extending the January 26, 2012 discovery deadline solely for the purpose of

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conducting plaintiff’s deposition. This request stems from plaintiff’s failure to appear at a

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deposition that was scheduled for January 13, 2012.

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In considering defendants’ request, the court notes that this case, having been

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filed on April 22, 2008, is nearing its fourth year and discovery has yet to be completed. The

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court further notes that the initial December 10, 2010 scheduling order has already been

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modified twice. See Doc. Nos. 124, 152, 161. While the court is loathe to modify the

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scheduling order again, the court finds that the circumstances of this request warrant a partial

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modification.
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Accordingly, IT IS HEREBY ORDERED that defendants’ January 13, 2012

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request is partially granted. The request for a telephonic conference is denied. The request for a

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modification to the scheduling order is granted. All date set forth in this court’s November 23,

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2011 scheduling order shall remain unchanged except that defendants are granted up to and

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including February 9, 2012 to conduct plaintiff’s deposition. Plaintiff is cautioned that failure to

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appear at the scheduled deposition may result in sanctions, up to and including dismissal of this

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action.

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DATED: January 18, 2012.

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/014;leub0853.jo(3)

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