Chatman v. Felker et al

Filing 138

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/26/2013 DENYING defendants' 101 motion to compel, without prejudice, to a renewal within 14 days. (Yin, K)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

CHARLES CHATMAN,

11

Plaintiff,

12
13

No. 2:09-cv-1028 JAM CKD P

vs.
TOM FELKER, et al.,

14

Defendants.

15

ORDER
/

16

Plaintiff is a California prisoner proceeding pro se with an action for violation of civil

17

rights pursuant to 42 U.S.C. § 1983. The remaining defendants are either former or current

18

employees of the California Department of Corrections and Rehabilitation. On December 19,

19

2012, defendants filed a motion asking that the court compel plaintiff to provide further answers

20

to questions asked at plaintiff’s deposition. The questions are related to plaintiff’s claims against

21

defendant Keating.

22

Defendants’ motion will be denied as defendants fail to identify specific questions

23

plaintiff should be required to answer. Instead, defendants point to topics plaintiff should be

24

compelled to address. Ordering plaintiff to answer all questions concerning a certain topic would

25

be overbroad. While defendants’ motion will be denied, they may resubmit their motion within

26

/////

1

14 days provided they identify specific questions plaintiff refused to answer at his deposition and

2

a basis to compel plaintiff to answer those questions.1

3

Accordingly, IT IS HEREBY ORDERED that defendants’ December 19, 2012 motion to

4

compel (ECF No. 101) is denied without prejudice to renewal within 14 days provided

5

defendants identify specific questions related to plaintiff’s claims against defendant Keating that

6

plaintiff refused to answer at his deposition and a basis for compelling plaintiff to answer those

7

questions.

8

Dated: June 26, 2013

9

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

10
11
12
13

1
chat1028.36(dis2)

14
15
16
17
18
19
20
21
22
23
24
25
26

1

In their motion, defendants seek an extension of time to file a motion for summary
judgment. The deadline for filing motions for summary judgment was extended by order entered
February 16, 2013. Defendants filed their motion for summary judgment on April 8, 2013.