Yousif v. San Mateo County Sheriff et al

Filing 95

ORDER FOLLOWING DISCOVERY DISPUTE. Signed by Judge Alsup on 1/25/17. (whalc1, COURT STAFF) (Filed on 1/25/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OSMAN YOUSIF,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 15-04887 WHA

v.

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DEPUTY SHERIFFS DENNIS LOUBAL,
DEFRANCE McLEMORE, and DOES
1–100,

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Defendants.
/

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ORDER FOLLOWING
DISCOVERY DISPUTE

As stated at the hearing on defendants’ discovery dispute, the defendants are granted the

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following relief:

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•

Plaintiff may not use as evidence any document that should
have been produced in response to a reasonable document
request by defendants under any circumstances at trial or on
summary judgment.

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Plaintiff may not rely on any fact that should have been, but
was not, set forth in a response to a reasonable interrogatory
by defendants unless that fact was clearly set forth in his
deposition.

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At trial, defense counsel will be allowed lay before the jury
plaintiff’s failure to cooperate in discovery, including crossexamination of plaintiff on this topic. If plaintiff attempts to
deviate from the true facts of what occurred, the judge may
interrupt to set the record straight. Possibly, the judge will
instruct the jury on this point.

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This is without prejudice to the possibility of further sanctions, including terminating
sanctions, once the prejudicial effect of plaintiff’s discovery misconduct becomes clearer.

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Defendants’ deadline to move for summary judgment is extended to FEBRUARY 9.

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To be clear, this order does not affect the deadline set by Rule 15(a)(1)(A) for plaintiff

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to amend his complaint in the related action.

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IT IS SO ORDERED.

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Dated: January 25, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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