Owens v. Defazio et al

Filing 105

ORDER signed by Magistrate Judge Kendall J. Newman on 10/17/2018 VACATING plaintiff's 98 motion to compel, without prejudice, to its reinstatement following resolution of defendants' 10/5/2018 motion to compel. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

THEON OWENS,

12

Plaintiff,

13
14

No. 2:16-cv-2750 JAM KJN P

v.

ORDER

JOSEPH DEGAZIO, et al.,

15

Defendants.

16
Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

17
18

to 42 U.S.C. § 1983. On July 27, 2018, the undersigned granted defendants’ motion to compel

19

and ordered plaintiff to appear for and answer questions at a deposition. (ECF No. 96.) The

20

undersigned also vacated plaintiff’s pending discovery motions until defendants had taken

21

plaintiff’s deposition and plaintiff had complied with a re-noticed request for production of

22

documents. (Id.)
On August 10, 2018, plaintiff filed the pending motion to compel defendants to provide

23
24

responses to plaintiff’s written deposition questions. (ECF No. 98.)
On October 5, 2018, defendants filed a motion to compel based on plaintiff’s alleged

25
26

failure to provide appropriate responses to defendants’ request for production of documents and

27

defendants’ document request included with the continued deposition notice. (ECF No. 102.)

28

////
1

1
2

The undersigned finds that defendants’ pending motion to compel should be resolved
before the court considers plaintiff’s August 10, 2018 motion to compel.

3

Good cause appearing, IT IS HEREBY ORDERED that plaintiff’s August 10, 2018

4

motion to compel (ECF No. 98) is vacated without prejudice to its reinstatement following

5

resolution of defendants’ October 5, 2018 motion to compel.

6

Dated: October 17, 2018

7
8
9
10
11
12

Ow2750.vac

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2