Karnazes v. County of San Mateo et al

Filing 87

ORDER re 72 MOTION for Discovery Re-Notice of Application/Motion and Motion/Application for an Order to Show Cause; Memorandum in Support filed by County of San Mateo, Deborah Titone. Signed by Judge Maria-Elena James on 6/8/2010. (mejlc1, COURT STAFF) (Filed on 6/8/2010)

1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12
For the Northern District of California

UNITED STATES DISTRICT COURT Northern District of California
ELIZABETH KARNAZES, v. Plaintiff,

No. C 09-0767 MMC (MEJ) ORDER RE: MOTION FOR ORDER TO SHOW CAUSE

COUNTY OF SAN MATEO and DEBORAH TITONE, Defendants. _____________________________________/

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Pending before the Court is Defendants' motion for an order to show cause. (Dkt. #72.) In their motion, Defendants request that the Court issue an order for Mark Heitner, M.D., to show cause why he should not be held in contempt for failure to appear at his noticed deposition. The Court is now in receipt of Plaintiff's opposition thereto, in which she provides Dr. Heitner's declaration in response. (Dkt. #86.) From his declaration, it appears that Dr. Heitner believes that an order to show cause has already issued. However, the purpose of Defendants' motion is for the Court to determine whether such an order should be issued. Accordingly, Dr. Heitner need not appear at the July 1, 2010 hearing. If the Court determines that an order to show cause should be issued, Dr. Heitner shall be ordered to appear before the Court at that time. IT IS SO ORDERED.

Dated: June 8, 2010 _______________________________ Maria-Elena James Chief United States Magistrate Judge