Hicks v. City of Vallejo et al

Filing 103

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/30/16 ORDERING that plaintiff's 5/24/16 motion to compel (Dkt. No. 94 ) is denied. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TYRONE EDWARD HICKS,

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Plaintiff,

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No. 2:14-cv-0669 CKD PS (TEMP)

v.

ORDER

CITY OF VALLEJO, et al.,

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Defendants.

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This action came before the court on June 29, 2016, for hearing of plaintiff’s motion to

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compel compliance.1 Attorney Kelly Trujillo appeared on behalf of the defendants and plaintiff

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Tyrone Hicks appeared on his own behalf.
Plaintiff’s May 24, 2016 motion to compel seeks an order requiring defendants to fully

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comply with the court’s January 22, 2016 order granting plaintiff’s motion to compel the

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production of documents. (Dkt. No. 44.) In this regard, plaintiff seeks additional discovery

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which plaintiff contends defendants should have produced in response to the court’s January 22,

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2016 order.

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Although it is arguable that the defendants should have produced the information at issue

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in complying with the court’s January 22, 2016 order, at the June 29, 2016 hearing, plaintiff was

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The parties have consented to Magistrate Judge jurisdiction over this action pursuant to 28
U.S.C. ' 636(c)(1). (Dkt. No. 25.)
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unable to explain why plaintiff failed to bring this motion sooner or how this evidence would aid

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plaintiff’s prosecution of this action. Moreover, ordering defendants to produce the discovery at

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issue would require a considerable delay in this action and this matter has already been delayed

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on several prior occasions.

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Accordingly, upon consideration of the arguments on file and those made at the hearing,

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and for the reasons set forth on the record at that hearing and stated above, IT IS HEREBY

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ORDERED that plaintiff’s May 24, 2016 motion to compel (Dkt. No. 94) is denied.

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Dated: June 30, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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BVD\hicks0669.oah.062916.docx

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