Smith v. City of Stockton et al

Filing 58

ORDER signed by Magistrate Judge Allison Claire on 3/9/17: HEARING as to 57 MOTION for PROTECTIVE ORDER CONTINUED to 3/22/2017 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. The new Joint Statement shall be filed no later than March 15, 2017. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NATHANIEL SMITH,

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No. 2:15-cv-0363 KJM AC

Plaintiff,
v.

ORDER

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CITY OF STOCKTON; et al.,

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Defendants.

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This discovery matter has been referred to the undersigned by E.D. Cal. R. (“Local

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Rule”) 302(c)(1). Defendants have filed a Motion for a Protective Order seeking to prevent

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plaintiff’s deposition of defendant Chief of Police Eric Jones. ECF No. 57. The motion and

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“Joint Statement” were filed on March 8, 2017, and noticed for hearing on March 15, 2017,

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apparently because Local Rule 251(a) permits this shortened time period when the motion is filed

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with the Joint Statement.

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However, the Joint Statement here is one in name only, as it contains no input from

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plaintiff. Although the parties have met and conferred, defendant asserts that plaintiff refused to

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cooperate in the filing of the Joint Statement. In order to avoid an unproductive hearing, and to

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ensure that the court has input from all interested parties, the hearing will be continued and

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plaintiff will be ordered to cooperate with the filing of a new Joint Statement, or otherwise

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explain his position.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The hearing on defendants’ Motion for Protective Order (ECF No. 57) is

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CONTINUED one week, to March 22, 2017 at 10:00 a.m., before the undersigned.

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2. Plaintiff and defendants shall cooperate in filing a new Joint Statement. The new Joint

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Statement shall be filed no later than March 15, 2017.

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3. If no new Joint Statement (with input from all interested parties) is filed on March 15,

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2017, counsel for all parties shall file sworn statements no later than March 16, 2017,

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explaining why no Joint Statement was filed.

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4. The parties are cautioned that failure by any party to cooperate in getting a new Joint
Statement filed in a timely manner may result in sanctions.
DATED: March 9, 2017

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