Callison v. City of American Canyon et al

Filing 39

ORDER signed by Magistrate Judge Deborah Barnes on 12/29/16 ORDERING that defendants' 27 Motion to Compel is GRANTED; within 35 days, plaintiff shall appear for his deposition. Defendants' request for $4,674.05 in sanctions for plaintiff's repeated failure to appear at his deposition is held in ABEYANCE pending plaintiff's appearance at his deposition in compliance with this order. (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 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 twice failed to appear for 22 noticed depositions and seeks an order compelling plaintiff to appear for a deposition and to pay 23 defendants $4,674.05 in sanctions. (ECF No. 28 at 1.) After plaintiff’s counsel failed to file a 24 timely response to defendants’ motion, on December 20, 2016, the undersigned issued an order 25 requiring plaintiff’s counsel to show good cause in writing within seven days as to why 26 defendants’ motion should not be granted, as well as good cause for failing to timely file a 27 response to defendants’ motion. (ECF No. 32.) 28 //// 1 On December 21, 2016, plaintiff’s counsel filed a notice to withdraw and noticed the 1 2 motion for hearing before the assigned District Judge on January 23, 2017. (ECF No. 33.) On 3 December 23, 2016, plaintiff’s counsel filed a response to the December 20, 2016 order to show 4 cause. (ECF No. 37.) Therein, plaintiff’s counsel acknowledges that plaintiff “failed to attend his 5 deposition,” on November 2, 2016.1 (Id. at 1.) 6 Accordingly, IT IS HEREBY ORDERED that: 7 1) Defendants’ December 2, 2016 motion to compel (ECF No. 27) is granted; 8 2) Within thirty-five (35) days of the date of this order plaintiff shall appear for his 9 deposition; and 3) Defendants’ request for $4,674.05 in sanctions for plaintiff’s repeated failure to appear 10 11 at his deposition is held in abeyance pending plaintiff’s appearance at his deposition in 12 compliance with this order.2 13 Dated: December 29, 2016 14 15 16 17 18 19 20 DLB:6 DB\orders\orders.civil\callison0116.mtc.grt 21 22 23 24 25 26 27 28 1 Plaintiff’s counsel also states that he believed he “was to be relieved of representation,” by plaintiff and that “in the absence of communication with Plaintiff,” counsel “was (and is) uncertain of what, if anything Plaintiff wished to present in response to the Motion to Compel.” (ECF No. 37 at 2.) Plaintiff’s counsel is reminded that he is counsel of record unless and until the time the court grants his withdrawal. Moreover, all attorneys appearing before this court shall comply with the Local Rules. 2 Plaintiff and plaintiff’s counsel are reminded that Rule 37 of the Federal Rules of Civil Procedure provides that the court may order that any sanctions be paid by “the party failing to act, the attorney advising that party, or both . . . .” 2

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