McCarthy v. County of Contra Costa

Filing 75

ORDER DENYING MOTION TO COMPEL DEPOSITION TESTIMONY by Judge William Alsup [denying 70 Motion to Compel]. (whasec, COURT STAFF) (Filed on 5/2/2018)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 TIMOTHY MCCARTHY III, 11 For the Northern District of California United States District Court 10 12 13 14 15 Plaintiff, No. C 16-06782 WHA v. SCOTT GEIST, individually and in his capacity as a Deputy Sheriff for the Contra Costa County Sheriff’s Department; and DOES 1–50, inclusive, individually, jointly and severally, ORDER DENYING MOTION TO COMPEL DEPOSITION TESTIMONY Defendants. / 16 17 Even though discovery has closed in this action, plaintiff moves to compel deposition 18 testimony from third-party witness Ryan Montoya (Dkt. No. 70). Deputy Montoya is a former 19 defendant, but a prior order dismissed him in September 2017 (Dkt. No. 34). The Court has 20 reviewed the motion and determined that no reply is necessary. There are two problems with 21 plaintiff’s motion. First, the witness was not subpoenaed prior to the discovery cutoff (or at 22 all). Second, attempted service upon defense counsel is insufficient, as counsel is not obligated 23 to accept service on behalf of third-parties. The Court has extended numerous opportunities to 24 plaintiff to plead his best case, but this order will not reopen discovery. Motion DENIED. 25 IT IS SO ORDERED. 26 27 28 Dated: May 2, 2018. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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