Corser v. Schreeder et al

Filing 28

ORDER TO SHOW CAUSE RE DISMISSAL AND COSTS: Show Cause Response due by 11/15/2017. Signed by Judge William Alsup on 10/23/2017. The deputy clerk hereby certifies that on 10/24/2017, a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. (afmS, COURT STAFF) (Filed on 10/24/2017)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 GREG CORSER, Plaintiff, 10 11 12 13 No. C 16-7135 WHA (PR) ORDER TO SHOW CAUSE RE. DISMISSAL AND COSTS v. HANK SCHREEDER; MICHAEL DATZOLD; IAN H. BERNER; OFFICER WOODS; M. SPEDIACCI; JENEANE R. KUCKER, 14 Defendants. 15 / 16 17 Plaintiff, a California prisoner proceeding pro se, filed this civil rights action under 42 18 U.S.C. 1983. Plaintiff failed to appear at his properly noticed deposition. Plaintiff was then 19 ordered to attend and participate in any properly-noticed deposition by defendants, and 20 captioned that if he failed to do so, he would be ordered to pay defendants’ costs for both 21 depositions. Defendants have filed a letter indicating that plaintiff failed to appear at a properly 22 noticed deposition for a second time. Indeed, he is no longer at the address he last provided to 23 the court and defendants. Defendants request dismissal of the action pursuant to Rule 34 of the 24 Federal Rules of Civil Procedure, as well as plaintiff’s payment of $726 to defendants for the 25 cost of both depositions. Defendants have submitted no documentation or other evidence 26 showing the cost they incurred. 27 No later than November 15, 2017, plaintiff shall show cause why the case should not be 28 dismissed pursuant to Rule 37(d)(3) and why he should not be required to pay defendants’ costs 1 for both attempts at deposing him. Failure to do so will result in the dismissal of this case 2 without prejudice and may also result in plaintiff being ordered to pay defendants’ costs 3 for their two attempts to depose him. Also by November 15, 2017, defendants shall submit 4 evidence proving that their attempts to depose him cost $726. If defendants fail to do so, 5 plaintiff will not be ordered to pay them any costs. 6 Defendants indicate that they submitted their letter pursuant to a supplementary order 7 setting an initial case management conference. No such order or supplementary order has been 8 filed in this case. Any future requests from defendants must be made in a motion, not a letter. 9 The briefing schedule for dispositive motions is vacated and if necessary will be re-set 10 11 following the resolution of this discovery issue. IT IS SO ORDERED. 12 Dated: October 24 13 , 2017. W ILLIAM A LSUP U NITED S TATES D ISTRICT J UDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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