Padilla v. Beard et al

Filing 100

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/14/16 ORDERING that Plaintiff's MOTION for SANCTIONS 93 is DENIED, and the hearing set for 1/20/16, is VACATED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERMAINE PADILLA,

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No. 2:14-cv-1118 KJM CKD

Plaintiff,
v.

ORDER

JEFFREY BEARD, et al.,
Defendants.

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Pending before the court is plaintiff’s motion for sanctions. Because oral argument is not

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of material assistance, this matter is submitted on the briefs. E.D. Cal. L.R. 230(g). Upon review

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of the documents in support and opposition, and good cause appearing therefor, THE COURT

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FINDS AS FOLLOWS:

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Plaintiff seeks sanctions against defendant Beard and his counsel for improper conduct

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during discovery and litigation of discovery matters. Plaintiff contends defendant responded to

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interrogatories in a knowingly or recklessly false and/or misleading manner and that blatant

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misinformation was used in filings by defendant seeking to bar defendant’s deposition. The court

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has thoroughly reviewed plaintiff’s and defendant’s submissions in connection with the motion,

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reviewed the litigation history of this case, and reviewed defendant’s interrogatory responses,

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amendments thereto, and the transcript of defendant Beard’s deposition. The court finds no basis

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for imposition of sanctions.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for sanctions (ECF No.

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93) is denied, and the hearing set for January 20, 2016, is VACATED.

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Dated: January 14, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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