Ortiz v. County of Sonoma et al

Filing 80

ORDER RE: PLAINTIFFS DEPOSITION. Signed by Magistrate Judge Jacqueline Scott Corley on 4/3/2015. (ahm, COURT STAFF) (Filed on 4/3/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID ORTIZ,

Case No. 14-cv-00322-JSC

Plaintiff,
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v.

ORDER RE: PLAINTIFF’S
DEPOSITION

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STEVE FREITAS, et al.,
Defendants.

United States District Court
Northern District of California

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This case came before the Court for a Case Management Conference on April 2, 2015 to

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discuss Plaintiff’s availability for deposition. At a prior Case Management Conference on January

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8, 2015, Plaintiff’s counsel informed the Court that Plaintiff was unavailable for deposition having

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recently entered a residential treatment program. (Dkt. No. 74.) Plaintiff was set to be released

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from the program on March 10, 2015. Based on the agreement of the parties, the Court ordered

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his deposition to occur on March 18. (Dkt. No. 75.) In the interim, Plaintiff’s counsel was

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ordered to file status reports regarding Plaintiff’s continued participation in the residential

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treatment program in February and March. (Id.) Although Plaintiff left the residential treatment

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in February, Plaintiff’s counsel did not file the required status reports advising the Court of this

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fact. Plaintiff’s deposition did not occur on March 19, 2015 because Plaintiff’s counsel, Mr.

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Shapiro, suffered an injury which rendered him incapacitated. (Dkt. No. 78.) Plaintiff’s counsel

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represents that on March 19, Plaintiff entered another 90-day residential treatment program. (Id.)

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Plaintiff is ORDERED TO APPEAR for deposition on July 7, 2015 at 10:00 a.m. at the

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office of Plaintiff’s counsel or another mutually agreed upon location. If Plaintiff or his counsel

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fail to appear for the deposition, this case may be dismissed with prejudice pursuant to

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Federal Rule of Civil Procedure 41(b).

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A further case management conference is scheduled for July 30, 2015 at 1:30 p.m.; a joint
case management conference shall be filed by July 23, 2015.
IT IS SO ORDERED.
Dated: April 3, 2015

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________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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