McClintock v. Cooper et al

Filing 45

ORDER signed by Magistrate Judge Kendall J. Newman on 4/1/2020 DIRECTING defendants to inform the court of the status of plaintiff's deposition within 5 days. If plaintiff's deposition is scheduled for 4/10/2020 defendants shall address plaintiff's health concerns and why plaintiff's deposition could not be rescheduled for a later date. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN McCLINTOCK,

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Plaintiff,

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No. 2: 18-cv-0560 JAM KJN P

v.

ORDER

T. COOPER, 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 March 30, 2020, plaintiff filed a motion requesting that his deposition,

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set for April 10, 2020, be set aside due to the Covid-19 pandemic. (ECF No. 43.) Plaintiff

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alleges that he suffers from a well-documented, pre-existing chronic restrictive pulmonary

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condition, in addition to asthma. Plaintiff is concerned that attending his deposition, which will

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be attended by defense counsel, court reporter and prison staff, may cause him to be exposed to

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the Covid-19 virus. Plaintiff requests that his deposition be rescheduled for a later date.

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Good cause appearing, IT IS HEREBY ORDERED that within five days of the date of

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this order, defendants shall inform the court of the status of plaintiff’s deposition; if plaintiff’s

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deposition is scheduled for April 10, 2020, defendants shall address plaintiff’s health concerns

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and why plaintiff’s deposition could not be rescheduled for a later date.

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Dated: April 1, 2020

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Mc560.dep
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