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

Filing 24

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/27/2016 ORDERING the plaintiff to serve Defendants Kyle Thomas Jones, Trudy Ann Sughrue with the 22 , 23 Declarations and to file proof of such service within seven days; GRANTING Defendants Kyle Thomas Jones, Trudy Ann Sughrue seven days after service of the 22 , 23 Declarations to file any objections; DIRECTING the Clerk of Court to serve this order on Defendants Kyle Thomas Jones, Trudy Ann Sughrue. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL E. GONZALEZ,

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Plaintiff,

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No. 2:15-cv-2448 GEB GGH PS

v.

ORDER

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

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Plaintiff is proceeding in this action pro se and in forma pauperis pursuant to 28 U.S.C. §

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1915. This proceeding was referred to this court by Local Rule 302(21), pursuant to 28 U.S.C. §

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636(b)(1).

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By order of October 12, 2016, plaintiff was directed to file and serve declarations in

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support of his request for early discovery. Specifically, he was directed to serve “every defendant

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who has been served with summons as of the date he files the above mentioned documents.”

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Plaintiff’s submitted declarations, filed October 19, 2016, do not include proofs of service.

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E.D.Local Rule 135 requires that parties serve documents conventionally and attach a proof of

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service to the original document when it is filed. E.D.L.R. 135(b)(c). Therefore, plaintiff shall

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serve the declarations before an order can be issued addressing his request for expedited

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discovery.

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The declarations suffice to warrant early discovery. Plaintiff’s declaration does not state

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that he has previously taken Mr. Schaldach’s deposition or that one is available to him. Mr.

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Schaldach’s declaration indicates that he suffers from a rare form of Parkinson’s disease that is

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not easily remediated, and has suffered serious trauma from falling down. Absent any colorable

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objection after service of the declarations on the served defendants, the undersigned will permit

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early discovery.

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Accordingly, IT IS ORDERED that:

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1. Within seven days of this order, plaintiff shall serve defendants Jones and Sughrue

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with the declarations filed October 19, 2016, and file proofs of service;
2. Within seven days of being served with the declarations, defendants Jones and
Sughrue may file objections; and
3. The Clerk of the Court shall serve Jones and Sughrue with a copy of this order at the
addresses listed on their waivers of service (ECF Nos. 18, 21).
Dated: October 27, 2016

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:076/Gonzalez2448.pfsrv

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