Padilla v. Beard et al

Filing 65

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/4/15: The hearing date of November 25, 2015 on plaintiff's motion to compel is vacated. The parties shall submit no later than November 10, 2015, a joint letter brief, limited to five pages, regarding the issues raised in the motion to compel. The matter shall thereafter stand submitted. (Kaminski, H)

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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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Plaintiff,

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No. 2:14-cv-1118 KJM CKD

v.

ORDER

JEFFREY BEARD,

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Defendant.

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Plaintiff has noticed a motion to compel regarding the deposition of defendant Beard and

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production of a document defendant previously agreed to produce. By order filed October 19,

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2015, defendant was ordered to submit to a deposition no later than October 20, 2015, absent

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stipulation of the parties. The court regards defendant’s refusal to submit to a deposition at the

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time agreed to by the parties as a possible contempt of court. Because the date for disclosure of

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expert witnesses is imminent and the discovery sought here may be relevant to the experts’

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analysis, the court will set an expedited briefing for this matter and submit it on the papers.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The hearing date of November 25, 2015 on plaintiff’s motion to compel is vacated.

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2. The parties shall submit no later than November 10, 2015, a joint letter brief, limited to

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five pages, regarding the issues raised in the motion to compel. The matter shall thereafter stand

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submitted.

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Dated: November 4, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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