Doglietto v. Trinity Protection Services, Inc.

Filing 56

ORDER signed by Magistrate Judge John F. Moulds on 6/28/2012 ORDERING 32 that Plaintiff's motion to quash is DENIED; defendant's 39 motion to compel is GRANTED; plaintiff is directed to respond to defendant's discovery requests and to serve his initial disclosures within 30 days from the date of this order. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEAN A. DOGLIETTO,
Plaintiff,

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vs.

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No. CIV 2:11-cv-1501-MCE-JFM

TRINITY PROT. SERV., INC.
Defendant.

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ORDER
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On June 28, 2012, the court held a discovery hearing on plaintiff’s April 23, 2012

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motion to quash and on defendant’s June 7, 2012 motion to compel. There were no appearances

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for plaintiff. Carolyn B. Hall appeared by telephone for defendant. Upon consideration of the

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motions on file, discussion of counsel and good cause appearing therefor, THE COURT FINDS

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AS FOLLOWS:

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A.

Plaintiff’s Motion to Quash
On May 23, 2012, plaintiff filed a motion to quash eleven subpoenas issued by

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defendant to various third parties. At the June 28, 2012 hearing, counsel for defendant asserted

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that the motion to quash is moot in light of defendant’s pending motion for summary judgment.

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No appearance was made for Plaintiff. This motion will be denied.

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/////
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B.

Defendant’s Motion to Compel

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In its June 7, 2012 motion to compel, defendant asserts that plaintiff has failed to

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respond to any of defendant’s discovery requests and has further failed to serve initial

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disclosures. Plaintiff has not filed an opposition to this motion. Plaintiff did not make an

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appearance at the June 28, 2012 discovery hearing. The court deems plaintiff’s failure to file an

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opposition and failure to appear at the discovery hearing non-opposition to defendant’s motion.

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Accordingly, this motion will be granted.

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1. Plaintiff’s May 23, 2012 motion to quash is denied;

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2. Defendant’s June 7, 2012 motion to compel is granted. Plaintiff is directed to

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respond to defendant’s discovery requests and to serve his initial disclosures within thirty (30)

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days from the date of this order.

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DATED: June 28, 2012.

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/014;dogl1501.jo

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