Tindle et al v. City of Daly City et al

Filing 164

ORDER TO SHOW CAUSE re: Sahleem Tindle's Failure to Appear for Deposition; Order re: Tindle's Mandatory Attendance at July 7, 2016 hearing. Order to Show Cause Hearing set for 7/7/2016 11:00 AM. Signed by Magistrate Judge Donna M. Ryu on 06/27/2016. (dmrlc3, COURT STAFF) (Filed on 6/27/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAHLEEM TINDLE, et al.,

Case No. 13-cv-02449-HSG (DMR)

Plaintiffs,
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v.
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CITY OF DALY CITY, et al.,
Defendants.

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ORDER TO SHOW CAUSE RE:
SAHLEEM TINDLE’S FAILURE TO
APPEAR FOR DEPOSITION; ORDER
RE: TINDLE’S MANDATORY
ATTENDANCE AT JULY 7, 2016
HEARING

United States District Court
Northern District of California

Re: Dkt. Nos. 155, 156, 159- 163
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On June 24, 2016, Defendants filed a discovery letter stating that Plaintiff Sahleem Tindle
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failed to appear for his deposition on June 17, 2016. [Docket No. 163.]
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Mr. Tindle is hereby ordered to appear in person at the July 7, 2016 hearing at 11:00 a.m.
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at the United States District Court at 1301 Clay Street, Oakland, California to explain his repeated
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violations of court orders, as well as his multiple failures to attend his deposition.
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A detailed history of Tindle’s failure to attend his deposition is set forth in the court’s June

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3, 2016 Order [Docket No. 155]. The court provides a brief history here. On November 20, 2015,
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the parties filed a joint discovery letter in which Defendants sought to compel Tindle to appear for his

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deposition, or to stay the case if Tindle was not able to give accurate deposition testimony. [Docket

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No. 112.] The undersigned held a hearing on the dispute on November 30, 2015. [Docket No. 116.]

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At the hearing, Plaintiffs’ pro bono counsel represented to the court that Tindle was unable to sit for

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his deposition due to the fact that he was suffering from Post-Traumatic Stress Disorder, which

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rendered him unable to recount the basic facts of the case. Counsel stated that Tindle had started

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seeing a therapist in the last two weeks and that counsel had requested a release from Tindle and an

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assessment from the therapist, but had not been able to obtain them. The court instructed Plaintiffs’
counsel to make best efforts to submit an assessment from Tindle’s therapist within a week. [Docket

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No. 116.]
Plaintiffs did not submit the assessment. Instead, on December 11, 2015, Plaintiffs filed a

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letter stating that Tindle would appear for his deposition. Dec. 11, 2015 Letter from Plaintiffs’ counsel

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[Docket No. 120]. In light of this change in position, the court instructed the parties to submit a

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stipulated proposed deposition schedule, which they did. [Docket Nos. 121-123.]

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Prior to the date of Tindle’s deposition, Plaintiffs’ pro bono counsel filed a motion to withdraw

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as counsel of record. Motion to Withdraw [Docket No. 127]. Judge Gilliam granted the motion on

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February 19, 2016. Order Granting Motion to Withdraw [Docket No. 136]. Tindle’s deposition did

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not go forward.

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On May 10, 2016, Defendants served a notice for Tindle’s deposition for May 24, 2016,

United States District Court
Northern District of California

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which Defendants state was the only date that Plaintiffs had provided for Tindle’s deposition.

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Defendants’ May 19, 2016 Unilateral Discovery Letter [Docket No. 150 at 3]; Deposition Notice

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[Docket No. 150, Ex. 3]. On May 19, 2016, Defendants filed a unilateral discovery letter asking

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the court to compel Tindle to appear for his deposition on May 24, 2016. [Docket No. 150.]

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According to Defendants, although Tindle had not objected to the notice of deposition, neither had

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he confirmed his intent to appear on the scheduled date. Id. On May 31, 2016, the court issued a

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clerk’s notice requesting that Defendants indicate whether Tindle had appeared for his deposition.

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[Docket No. 152.] Defendants filed a letter stating that Tindle’s deposition did not go forward on

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May 24, 2016 because Plaintiff Yolanda Banks-Reed informed Defendants on May 20, 2016 that

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she could not confirm whether or not Tindle would attend his deposition. Defendants’ June 1,

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2016 Letter [Docket No. 153.] Defendants stated that they took the depositions off calendar to

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avoid the expense of the videographer and court reporter. Id.

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On June 3, 2016, the court ordered Tindle to file a letter providing at least five available

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weekday dates for deposition during the weeks of June 6, 2016 and June 13, 2016 and instructing

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Defendants to promptly re-notice Tindle’s deposition for one of his available dates. [Docket No.

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155.] Tindle failed to file the required letter, thereby violating this court’s order

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On June 7, 2016, the court ordered Tindle to show cause for his failure to comply with the
court’s June 3, 2016 order, and again ordered Tindle to file a letter indicating at least three available

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weekday dates for his deposition during the week of June 13, 2016. [Docket No. 156.] Tindle filed a

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letter on June 9, 2016 stating that he was available for his deposition on June 15, 16, and 17, 2016.

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[Docket No. 157.] His letter did not explain his failure to comply with the court’s June 3, 2016 order,

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thereby violating the court’s order yet again. Id.

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On June 9, 2016, in light of the long history of difficulty in securing Tindle’s deposition, and

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the centrality of Tindle’s testimony to the case, the court ordered Tindle’s deposition to go forward,

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and instructed Defendants to promptly re-notice Tindle’s deposition for June 15, 16 or 17, 2016.

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[Docket No. 159.] The court ordered Tindle to appear for his deposition. The court warned Tindle

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that failure to do so may result in sanctions, up to and including dismissal of his claims for failure to

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prosecute his case. Id. at 3.

United States District Court
Northern District of California

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As noted above, Tindle once again violated a court order by failing to appear for his June

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17, 2016 deposition. He must now show cause for his multiple failures to appear for deposition,

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as well as his violations of court orders. If Tindle intends to assert that he was unable to attend his

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June 17, 2016 deposition due to his mental or emotional state, Tindle shall submit a written

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evaluation from his mental health care provider setting forth (1) his condition and diagnosis, (2) an

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assessment of his ability to provide deposition testimony, (3) an assessment of when he will be

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able to provide deposition testimony, and (4) whether he would require any special conditions.

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Tindle may lodge (rather than file) the written evaluation with the court. The written evaluation

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must be received by the court at the Oakland address noted above by no later than 4:00 p.m. on

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July 5, 2016. Tindle need not submit the evaluation if he is not asserting mental health as the

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reason for not providing deposition testimony.

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Tindle’s failure to comply with this Order may result in sanctions, up to and including
dismissal of his claims for failure to prosecute this case.

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IT IS SO ORDERED.
Dated: June 27, 2016
______________________________________
Donna M. Ryu
United States Magistrate Judge
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