Martinez v. City of Pittsburg et al

Filing 40

ORDER re: #31 Plaintiff's Motion to Compel. Plaintiff may re-file his motion for hearing before the undersigned on March 1, 2012. Briefing shall proceed in accordance with Civ. L. R. 7-3. Signed by Judge Laurel Beeler on 01/18/2012. (lblc2, COURT STAFF) (Filed on 1/18/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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Oakland Division
HILARIO MARTINEZ,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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No. C 11-01017 SBA (LB)

Plaintiff,
v.

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CITY OF PITTSBURG, et al.,

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ORDER RE: PLAINTIFF’S MOTION
TO COMPEL
[Re: ECF No. 31]

Defendants.
_____________________________________/

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On December 16, 2011, Plaintiff filed a motion seeking a variety of relief in relation to non-party

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Javier Ortiz’s failure to appear at his noticed deposition. Motion, ECF No. 31. Plaintiff sought,

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among other things, an order compelling Mr. Ortiz to appear for his deposition. Because a motion to

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compel attendance at a deposition is a discovery motion, the court denied without prejudice

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Plaintiff’s motion and directed him to comply with the discovery dispute-related procedures that are

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set forth in the undersigned’s standing order. Notice of Referral, ECF No. 35; see Order of

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Reference to Magistrate Judge, ECF No. 27.

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Upon reflection (and Plaintiff’s request), the court believes that compliance with the standing

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order should be excepted in this particular instance. As the dispute centers around Mr. Ortiz’s

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unwillingness to accept service of Plaintiff’s deposition subpoena and to appear for his noticed

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deposition, the court agrees with Plaintiff that it makes little sense to require Plaintiff to meet-and-

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confer with a recalcitrant non-party and to file a joint letter describing, presumably, only Plaintiff’s
side of the dispute.
C 11-01017 SBA (LB)

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Accordingly, within three days, Plaintiff may re-file his motion for hearing before the

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undersigned on March 1, 2012. Briefing on the motion shall proceed in accordance with this

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District’s Civil Local Rule 7-3.

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IT IS SO ORDERED.

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Dated: January 18, 2011

_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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C 11-01017 SBA (LB)

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