Walker v. Kernan et al

Filing 64

ORDER signed by Magistrate Judge Deborah Barnes on 2/19/2021 ORDERING Defendants to file and serve a response to 60 Motion to Vacate and Stay the Deposition within 7 days of the date of this order. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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G. DANIEL WALKER,

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Plaintiff,

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No. 2:17-cv-1764 KJM DB P

v.

ORDER

SCOTT KERNAN, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action seeking relief under

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42 U.S.C. § 1983. Plaintiff claims that defendants conspired to retaliate against him because he

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named them as defendants in prior lawsuits.

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Presently before the court is plaintiff’s motion seeking to vacate or stay the deposition

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presently set for March 4, 2021. (ECF No. 60.) Therein, plaintiff alleges that: (1) he does not

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have all the documents he needs to bring to the deposition; (2) he is concerned that leaving his

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cell and reporting to the designated room where he is to participate in the deposition via

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videoconferencing presents an undue risk of contracting COVID-19; and (3) his hearing disability

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has not been adequately accommodated in order for him to meaningfully participate in the

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deposition. The court will direct counsel for defendants to file a response to plaintiff’s motions

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addressing the concerns outlined above.

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Accordingly, IT IS HEREBY ORDERED that within seven (7) days of the date of this

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order defendants shall file and serve a response to plaintiff’s motion to vacate and stay the

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deposition (ECF No. 60).

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Dated: February 19, 2021

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DB:12
DB:1/Orders/Prisoner/Civil.Rights/walk1764.depo

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