Padilla v. Beard et al

Filing 85

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/10/15 ORDERING that Plaintiff's 73 motion to terminate or limit plaintiff's deposition and defendant's 74 countermotion to compel plaintiff's further deposition ar e granted in part and denied in part. The motion to compel production of documents 74 is denied. The court finds an award of expenses is not warranted considering all of the circumstances reflected in the record before it on these motions. (Kastilahn, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JERMAINE PADILLA,

12
13
14
15

No. 2:14-cv-1118 KJM CKD

Plaintiff,
v.

ORDER

JEFFREY BEARD, et al.,
Defendants.

16
17

Pending before the court are plaintiff’s motion to terminate plaintiff’s deposition and

18

defendants’ motion to compel plaintiff’s continued deposition and production of documents.

19

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

20

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

21

appearing therefor, THE COURT FINDS AND ORDERS AS FOLLOWS:

22

1. Plaintiff’s motion to terminate or limit plaintiff’s deposition (ECF No. 73) and

23

defendant’s countermotion to compel plaintiff’s further deposition (ECF No. 74) are granted in

24

part and denied in part. Further deposition of plaintiff is allowed, limited to three hours. The

25

deposition shall be conducted at the federal courthouse, on a date coordinated with the court’s

26

courtroom deputy, so as to allow court supervision of said deposition.

27
28

2. The motion to compel production of documents (ECF No. 74) is denied. See Clark v.
Vega Wholesale, Inc., 181 F.R.D. 470, 472 (D. Nev. 1998); Fed. R. Civ. P. 45.
1

1

3. The court finds an award of expenses is not warranted considering all of the

2

circumstances reflected in the record before it on these motions. Fed. R. Civ. P. 37 (a)(5)(A).

3

Dated: December 10, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

4
5
6
7
8
9

4 padilla1118.mtc.subm

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2