Levy v. County of Alpine, et al.

Filing 15

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/21/2014 GRANTING defendants' 14 motion to compel; no later than 1/30/2015, plaintiff shall appear for his deposition on the date and at the place and time duly noticed by defendants; and the 12/17/2014 hearing date is VACATED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT LEVY,

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No. 2:13-cv-2643 KJM CKD
Plaintiff,

v.

ORDER

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COUNTY OF ALPINE, et al.,

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Defendants.

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Pending before the court is defendants’ motion to compel plaintiff’s deposition. Because

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oral argument is not of material assistance, this matter is submitted on the briefs. E.D. Cal. L.R.

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230(g). Upon review of the documents in support and opposition, and good cause appearing

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therefor, THE COURT FINDS AS FOLLOWS:

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The parties have filed a joint statement in which the parties stipulate that plaintiff’s

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deposition has been properly noticed four times. Plaintiff has yet to attend his own deposition,

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despite attending the depositions of thirteen other witnesses in this matter. Discovery cut-off is

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currently set for November 9, 2015. It appears that plaintiff will refuse to appear for his

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deposition absent a court order compelling his attendance.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ motion to compel (ECF No. 14) is granted. No later than January 30,

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2015, plaintiff shall appear for his deposition on the date and at the place and time duly noticed
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by defendants. Plaintiff is cautioned that failure to appear for his deposition may result in a

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recommendation that this action be dismissed. The depositions of defendants Knorr, Sweeney

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and Thornburg and the depositions of employees of defendant County of Alpine shall not be

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taken until completion of the deposition of plaintiff.

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2. The hearing date of December 17, 2014 is vacated.
Dated: November 21, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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