Robison v. Hill et al

Filing 65

ORDER signed by Magistrate Judge John F. Moulds on 3/30/2012 ORDERING that plaintiff's 55 motion for sanctions is DENIED; defendants' 58 motion for an extension of time is GRANTED; plaintiff's 59 motion for an extension of time i s GRANTED; defendants' 3/23/12 motion for summary judgment is DEEMED TIMELY filed; and plaintiff has 30 days to file an opposition to the motion for summary judgment and, as appropriate, a cross-motion; defendant's reply and opposition due no later than 14 days thereafter, and plaintiff's reply in support of any cross-motion due no later than 14 days of an opposition thereto. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GLEN W. ROBISON,

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Plaintiff,

No. 2:10-cv-2954 JAM JFM (PC)

vs.
PARAMVIR SAHOTA, et al.,
Defendants.

ORDER
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to
42 U.S.C. § 1983. Several matters are pending before the court.
On January 13, 2012, plaintiff filed a motion for sanctions. Plaintiff seeks

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imposition of sanctions against defendants for failure to timely serve him with a notice for his

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deposition, which was conducted and completed on December 16, 2011. Plaintiff contends that

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he was not served with notice of the deposition until December 8, 2011, and did not receive the

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notice until December 9, 2011, giving him only “five working days notice” of the deposition.

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Defendants oppose the motion on the ground that plaintiff agreed to go forward with the

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deposition and has therefore waived any objection. Plaintiff disputes that he agreed to proceed

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with the deposition voluntarily, contending that defendants tried to get him to state on the record

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that he would not proceed with the deposition so that the case would be dismissed. See Notice of
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Motion in Reply to the Defendant’s [sic] Opposition to Plaintiff Motion for Sanction [sic], filed

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March 21, 2012, at 2.

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Rule 30 of the Federal Rules of Civil Procedure provides in relevant part that “[a]

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party who wants to depose a person by oral questions must give reasonable written notice to

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every other party.” Fed. R. Civ. P. 30(b)(1). The rule does not require fourteen days notice.

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Plaintiff has made no showing that the notice he received in this case was not reasonable. His

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motion for sanctions will therefore be denied.

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On March 9, 2012, defendants filed a motion for a fourteen day extension of time

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to file a pretrial motion. Plaintiff opposes defendants’ motion, but on March 13, 2012, he filed a

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motion for a thirty day extension of time to file a pretrial motion. Defendants have not opposed

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plaintiff’s motion. On March 23, 2012, defendants filed a motion for summary judgment. Good

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cause appearing, defendants’ motion for extension of time will be granted and defendants’

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motion deemed timely filed. Plaintiff’s motion for extension of time will also be granted and

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plaintiff will be granted thirty days from the date of this order in which to file and serve an

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opposition to defendants’ motion for summary judgment and, as appropriate, a cross-motion for

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summary judgment. Defendants’ reply brief and opposition, if any, will be due fourteen days

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thereafter, and plaintiff’s reply in support of any cross-motion for summary judgment will be due

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fourteen days after service of an opposition thereto.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s January 13, 2012 motion for sanctions is denied;

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2. Defendants’ March 9, 2012 motion for extension of time is granted;

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3. Plaintiff’s March 13, 2012 motion for extension of time is granted;

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4. Defendants’ March 23, 2012 motion for summary judgment is deemed timely

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filed; and

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5. Plaintiff is granted thirty days from the date of this order in which to file and

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serve an opposition to defendants’ motion for summary judgment and, as appropriate, a cross2

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motion for summary judgment. Defendants’ reply brief and opposition, if any, shall be filed and

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served not later than fourteen days thereafter, and plaintiff’s reply in support of any cross-motion

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for summary judgment shall be filed and served not later than fourteen days after service of an

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opposition thereto.

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DATED: March 30, 2012.

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12/md
robi2954.o3

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