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)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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THEON OWENS,
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Plaintiff,
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No. 2:16-cv-2750 JAM KJN P
v.
ORDER
JOSEPH DEGAZIO, et al.,
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Defendants.
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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant
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to 42 U.S.C. § 1983. On July 27, 2018, the undersigned granted defendants’ motion to compel
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and ordered plaintiff to appear for and answer questions at a deposition. (ECF No. 96.) The
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undersigned also vacated plaintiff’s pending discovery motions until defendants had taken
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plaintiff’s deposition and plaintiff had complied with a re-noticed request for production of
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documents. (Id.)
On August 10, 2018, plaintiff filed the pending motion to compel defendants to provide
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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
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failure to provide appropriate responses to defendants’ request for production of documents and
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defendants’ document request included with the continued deposition notice. (ECF No. 102.)
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The undersigned finds that defendants’ pending motion to compel should be resolved
before the court considers plaintiff’s August 10, 2018 motion to compel.
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Good cause appearing, IT IS HEREBY ORDERED that plaintiff’s August 10, 2018
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motion to compel (ECF No. 98) is vacated without prejudice to its reinstatement following
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resolution of defendants’ October 5, 2018 motion to compel.
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Dated: October 17, 2018
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Ow2750.vac
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