Gonzalez v. Department (Bureau) of Real Estate et al

Filing 117

ORDER signed by District Judge Troy L. Nunley on 4/17/18 DENYING WITHOUT PREJUDICE 104 Motion to Admit Deposition Excerpts from Prior Actions.(Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL E. GONZALEZ,

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No. 2:15-cv-02448-TLN-GGH

Plaintiff,
v.

ORDER

DEPARTMENT (BUREAU) OF REAL
ESTATE, et al.,
Defendants.

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This matter is before the Court on Plaintiff Daniel Gonzalez’s (“Plaintiff”) Motion to

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Admit Deposition Excerpts from Prior Actions. (ECF No. 104.) Plaintiff seeks to admit two

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depositions from prior actions: the declarations of Narine Stepanyan and Kent Wyatt. (ECF No.

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104-1 at 5.) The Court requested responses from Defendants. (ECF No. 114.) Defendants Kyle

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Jones, Tricia Sommers, Trudy Sughrue, Jeff Davi, Wayne Bell, William Moran, and John Van

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Driel (collectively “remaining Defendants”) filed a response. (ECF No. 116.) Defendant Narine

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Stepanyan filed a separate response. (ECF No. 115.)

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Defendant Stepanyan opposes the motion on the grounds that she has been dismissed from

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this action and thus her deposition would not fall within Federal Rule of Civil Procedure 32(a)(1).

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(ECF No. 115 at 3.) Additionally, Defendant Stapanyan asserts it is premature to determine

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whether the depositions are admissible under Federal Rule of Civil procedure 32(a)(2) through
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(a)(8). (ECF No. 115 at 3.) As for the remaining Defendants, they state they have not seen the

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depositions and have no way of responding to the motion without being able to examine the

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depositions in whole. (ECF No. 116 at 1–2.)
The Court declines to discuss the merits of Defendant Stepanyan’s response because

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Plaintiff’s failure to present the depositions to the remaining Defendants is fatal. Without

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reviewing the depositions, Defendants cannot make a meaningful reply. Thus the Court must

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deny Plaintiff’s motion. However, the motion is DENIED WITHOUT PREJUDICE. Plaintiff

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shall provide copies of the entire depositions he seeks to admit to the Defendants. After such

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disclosure, Plaintiff may refile and re-notice his motion before this Court. A full briefing

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schedule will then result allowing Defendants time to oppose and Plaintiff an opportunity to

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reply.

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IT IS SO ORDERED.
Dated: April 17, 2018

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Troy L. Nunley
United States District Judge

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