(PC) Ilsung v. Yeh

Filing 24

ORDER signed by Magistrate Judge Deborah Barnes on 9/03/21 ORDERING Counsel for defendants is instructed to: a. Contact the Litigation Coordinator or other appropriate official at California State Prison, Solano to determine whether plaintiff is sti ll located at California State Prison, Solano; andb. Within 20 days after the filing date of this order, file and serve a statement reflecting the findings of such an inquiry, including all appropriate declarations. The Clerk of the Court is directed to serve a copy of this order on Martha P. Ehlenbach, Deputy Attorney General. (cc: Martha Ehlenbach, Attorney General)(Plummer, M)

Case 2:20-cv-01032-JAM-DB Document 24 Filed 09/07/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VICTORY ILSUNG,

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No. 2:20-cv-01032 JAM DB P

Plaintiff,

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v.

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MICHAEL YEH,

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ORDER

Defendant.

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Defendant has requested permission to conduct a deposition of the plaintiff by remote

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means pursuant to Rule 30(b)(4) of the Federal Rules of Civil Procedure. (ECF No. 23.) Court

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records indicate that plaintiff may not received the court’s discovery and scheduling order issued

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on July 21, 2021. (ECF No. 21.) The order was served to plaintiff’s California State Prison,

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Solano (“SOL”) address but was returned undeliverable. However, defendants indicate that they

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believe plaintiff is still located at SOL. (ECF No. 23 at 1.) Given the above, it also appears likely

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that plaintiff has also not received defendant’s request to depose plaintiff by remote means.

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Good cause may exist to grant defendant’s request to depose the plaintiff remotely.

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However, before considering this request the court will first order counsel for the defendant to

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contact the litigation coordinator or other appropriate official at SOL, determine whether plaintiff

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is still located at SOL, and inform the court of their findings. If plaintiff is present at SOL, the

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discovery and scheduling order (ECF No. 21) and defendant’s request to depose the plaintiff
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Case 2:20-cv-01032-JAM-DB Document 24 Filed 09/07/21 Page 2 of 2
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(ECF No. 23) should be re-served on the plaintiff in order to ensure he has proper notice of these

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documents.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Counsel for defendants is instructed to:

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a. Contact the Litigation Coordinator or other appropriate official at California State

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Prison, Solano to determine whether plaintiff is still located at California State

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Prison, Solano; and

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b. Within twenty days after the filing date of this order, file and serve a statement
reflecting the findings of such an inquiry, including all appropriate declarations.
2. The Clerk of the Court is directed to serve a copy of this order on Martha P.
Ehlenbach, Deputy Attorney General
Dated: September 3, 2021

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DB:14
DB/DB Prisoner Inbox/Civil Rights/R/ilsu1032.serv

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