Corser v. Schreeder et al

Filing 29

ORDER TO SHOW CAUSE RE DISMISSAL AND COSTS: 25 ADMINISTRATIVE MOTION FILING DATE OF MSJ filed by Michael Datzold, Ian H Benner, M Spediacci - GRANTED. Show Cause Response due by 11/17/2017. Signed by Judge William Alsup on 10/ 25/2017. The deputy clerk hereby certifies that on 10/26/2017, 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 10/26/2017)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GREG CORSER,
Plaintiff,

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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,

(ECF No. 25)

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Defendants.
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Plaintiff, a California prisoner proceeding pro se, filed this civil rights action under 42
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U.S.C. 1983. Plaintiff failed to appear at his properly noticed deposition. Plaintiff was then
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ordered to attend and participate in any properly-noticed deposition by defendants, and
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captioned that if he failed to do so, he would be ordered to pay defendants’ costs for both
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depositions. Defendants have filed a letter indicating that plaintiff failed to appear at a properly
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noticed deposition for a second time. Indeed, he is no longer at the address he last provided to
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the court and defendants. Defendants request dismissal of the action pursuant to Rule 34 of the
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Federal Rules of Civil Procedure, as well as plaintiff’s payment of $726 to defendants for the
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cost of both depositions. Defendants have submitted no documentation or other evidence
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showing the cost they incurred.
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No later than November 17, 2017, plaintiff shall show cause why the case should not be
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dismissed pursuant to Rule 37(d)(3) and why he should not be required to pay defendants’ costs
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for both attempts at deposing him. Failure to do so will result in the dismissal of this case

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without prejudice and may also result in plaintiff being ordered to pay defendants’ costs

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for their two attempts to depose him. Also by November 17, 2017, defendants shall submit

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evidence proving that their attempts to depose him cost $726. If defendants fail to do so,

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plaintiff will not be ordered to pay them any costs.

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Defendants indicate that they submitted their letter pursuant to a supplementary order

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setting an initial case management conference. No such order or supplementary order has been

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filed in this case. Any future requests from defendants must be made in a motion, not a letter.

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The briefing schedule for dispositive motions is vacated and if necessary will be re-set

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following the resolution of this discovery issue. Defendants’ motion to this effect (ECF No. 25)
is GRANTED .
IT IS SO ORDERED.

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Dated: October
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25 , 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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