Callison v. City of American Canyon et al

Filing 32

ORDER to SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 12/19/16 ORDERING that the 12/23/16 hearing on 27 defendants' Motion to Compel is VACATED; within 7 days, plaintiff's counsel shall SHOW CAUSE in writing as to why defendants' 27 motion should not be granted, as well as good cause for failing to file a timely response to defendants' motion. (Benson, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY M. CALLISON, 12 Plaintiff, 13 14 15 16 No. 2:15-cv-0116 WBS DB v. ORDER TO SHOW CAUSE CITY OF AMERICAN CANYON; CITY OF VALLEJO; COUNTY OF NAPA; OFFICER BRETT SCHNEIDER; and CALIFORNIA FORENSIC MEDICAL GROUP, 17 Defendants. 18 On December 2, 2016, defendants filed a motion to compel plaintiff’s deposition and 19 20 noticed the motion for hearing before the undersigned on December 23, 2016, in compliance with 21 Local Rule 302(c)(1). Defendants’ motion alleges that plaintiff has repeatedly failed to appear for 22 noticed depositions and seeks an order compelling plaintiff to appear for a deposition and to pay 23 $4,674.05 in sanctions. (ECF No. 28 at 1.) Pursuant to Local Rule 251(e), plaintiff’s counsel was 24 to file a response to defendants’ motion on or before December 16, 2016. Plaintiff’s counsel, 25 however, has failed to file a timely response to defendants’ motion. 26 //// 27 //// 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1) The December 23, 2016 hearing of defendants’ motion to compel (ECF No. 27) is 3 vacated; and 4 2) Within seven (7) days of the date of this order, plaintiff’s counsel shall show cause in 5 writing as to why defendants’ motion should not be granted, as well as good cause for failing to 6 file a timely response to defendants’ motion. 7 Dated: December 19, 2016 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 DLB:6 DB\orders\orders.civil\callison0116.osc 24 25 26 27 28 2

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