Miller et al v. Security Life of Denver Insurance Company et al

Filing 72

ORDER by Magistrate Judge Jacqueline Scott Corley denying without prejudice 50 Motion for Order to Show Cause (ahm, COURT STAFF) (Filed on 3/2/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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DARIUS MILLER, et al.,
Plaintiffs,

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v.

Case No: C11-1175 PJH (JSC)
ORDER DENYING CONTEMPT
SANCTION AGAINST GEORGE W.
SHAEFFER (Dkt. Nos. 50, 51)

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SECURITY LIFE OF DENVER
INSURANCE COMPANY, et al.,

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Defendants.

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Now pending before the Court is Defendants’ Motion joined by Plaintiffs for an Order

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to Show Cause as to why a contempt sanction should not issue against George W. Shaeffer for

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failing to appear at a properly noticed and subpoenaed deposition. (Dkt. Nos. 50, 51.) In light

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of the February 15, 2012 letter from George Schaeffer’s psychiatrist, Dr. David Taylor, stating

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that Mr. Shaeffer is “extremely and acutely ill” and therefore unable to participate in “in any

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legal proceedings at this time” (Dkt. No. 62, Ex. A), this motion is DENIED without

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prejudice.

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Pamela Shaeffer, George Shaeffer’s wife, appeared on behalf of her husband at the

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March 1, 2012 hearing held on the motion and represented that she will search for documents

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in George Shaeffer’s possession relating to Bruce Miller and provide any such documents to

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Plaintiffs and Defendants. The parties may also contact Pamela Shaeffer in six weeks to

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determine if George Shaeffer’s health has improved such that a deposition can be scheduled at

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that time.

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IT IS SO ORDERED.

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Dated: March 2, 2012
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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Northern District of California

United States District Court

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