Garces v. Pickett et al

Filing 189

ORDER signed by Magistrate Judge Allison Claire on 08/08/22 DENYING 185 Motion to Stay. Within 21 days of the filing of this order, defendants may file a motion to compel related to the sufficiency of plaintiff's responses to written discovery, as set forth in the= June 25, 2021 order 161 . Within 14 days of the filing of this order, defendants shall file a notice regardingthe status of plaintiff's ability to review his deposition transcript as set forth above. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LUIS MANUEL GARCES,

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Plaintiff,

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v.

No. 2:17-cv-0319 TLN AC P

ORDER

J. PICKETT, et al.,
Defendants.

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By order filed June 25, 2021, discovery in this matter was re-opened for the limited

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purpose of allowing defendants to depose plaintiff and file any necessary motions to compel or

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for sanctions regarding the deposition and the sufficiency of plaintiff’s responses to

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interrogatories and requests for production. ECF No. 161. The deadline for motions to compel

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related to written discovery was later vacated pending resolution of defendants’ motion to compel

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plaintiff’s participation in his deposition, because defendants represented that they believed any

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disputes could be resolved at plaintiff’s deposition. ECF No. 173. The deadline for defendants to

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depose plaintiff and file any motions for sanctions related to the deposition have now passed, and

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defendants have not filed any motions for sanctions. Defendants will therefore be provided an

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opportunity to file a motion to compel related to the sufficiency of plaintiff’s responses to written

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discovery, as set forth in the June 25, 2021 order.

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Also before the court is plaintiff’s motion to stay defendants’ post-deposition motion in
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which he asserts that defendants’ counsel attempted to deprive him of his exhibits and has

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prevented him from receiving a copy of the deposition. ECF No. 185. Defendants have not

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responded to the motion. To the extent plaintiff appears to be asserting that he has been unable to

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review the deposition transcript, it appears that plaintiff mailed his motion the day after his

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deposition was taken, making any claims that he has not been able to review the transcript

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premature. Regardless, defendants will be required to notify the court whether plaintiff has had

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an opportunity to review the deposition transcript. In the event plaintiff has not had an

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opportunity to review the transcript, defendants shall provide an explanation as to why plaintiff

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has not had such an opportunity. To the extent plaintiff appears to be seeking a recording of the

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deposition or a copy of the deposition transcript free of charge, there a no requirement that

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defendants, or anyone else, provide plaintiff with a copy of the deposition free of charge,

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although the deposition reporter is required to provide plaintiff with a copy of the transcript if he

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pays the applicable charges. Fed. R. Civ. P. 30(f)(3). Finally, plaintiff requests time to submit

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his exhibits to defendants. However, it appears that plaintiff has filed his exhibits with the court

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(ECF No. 186) making the request moot.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within twenty-one days of the filing of this order, defendants may file a motion to

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compel related to the sufficiency of plaintiff’s responses to written discovery, as set forth in the

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June 25, 2021 order (ECF No. 161).

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2. Within fourteen days of the filing of this order, defendants shall file a notice regarding
the status of plaintiff’s ability to review his deposition transcript as set forth above.
3. Plaintiff’s motion to stay defendants’ post-deposition motion (ECF No. 185) is

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DENIED.

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DATED: August 8, 2022

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