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