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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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TIMOTHY MCCARTHY III,
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For the Northern District of California
United States District Court
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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.
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Even though discovery has closed in this action, plaintiff moves to compel deposition
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testimony from third-party witness Ryan Montoya (Dkt. No. 70). Deputy Montoya is a former
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defendant, but a prior order dismissed him in September 2017 (Dkt. No. 34). The Court has
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reviewed the motion and determined that no reply is necessary. There are two problems with
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plaintiff’s motion. First, the witness was not subpoenaed prior to the discovery cutoff (or at
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all). Second, attempted service upon defense counsel is insufficient, as counsel is not obligated
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to accept service on behalf of third-parties. The Court has extended numerous opportunities to
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plaintiff to plead his best case, but this order will not reopen discovery. Motion DENIED.
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IT IS SO ORDERED.
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Dated: May 2, 2018.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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