Calderon v. Davey Tree Surgery Company
Filing
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ORDER re 48 Statement, filed by Davey Tree Surgery Company, 38 Statement filed by Davey Tree Surgery Company. Signed by Judge Nathanael M. Cousins on 2/28/2013. (nclc1S, COURT STAFF) (Filed on 2/28/2013) (Additional attachment(s) added on 2/28/2013: # 1 Certificate/Proof of Service) (lmh, COURT STAFF).
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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FELIPE CALDERON,
Plaintiff,
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Case No. 11-cv-05486 SBA (NC)
ORDER GRANTING MOTION
TO COMPEL DEPOSITION
v.
Re: Dkt. Nos. 38, 48
DAVEY TREE SURGERY COMPANY,
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Defendant.
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The Court held a discovery hearing in order to address defendant Davey Tree
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Surgery Company’s motion to compel plaintiff Felipe Calderon’s deposition and for
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sanctions. Plaintiff must comply with all applicable rules of civil procedure, which
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include compliance with discovery requests, even though he represents himself. Briones
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v. Riviera Hotel & Casino, 116 F.3d 379, 381 (9th Cir. 1997) (holding that ignorance
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does not excuse pro se litigants from following the rules of procedure); Civil L.R. 3-9(a)
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(“A person representing him or herself without an attorney is bound by the Federal
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Rules, as well as by all applicable local rules. Sanctions . . . may be imposed for failure
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to comply with local rules.” Sanctions include default, dismissal, and payment of
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attorneys’ fees and costs.). Accordingly, plaintiff must comply with defendant’s
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discovery requests by March 15, 2013. In addition, plaintiff must appear for his
Case No. 11-cv-05486 SBA (NC)
ORDER GRANTING
MOTION TO COMPEL DEPOSITION
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deposition. Currently, the deposition is scheduled for March 6, 2013 at 10:00 a.m. at the
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office of defense counsel, 1255 Treat Boulevard, Suite 600, Walnut Creek, California. If
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the trial deadlines are extended, plaintiff must appear for his deposition on April 18,
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2013 at 10:00 a.m. at defense counsel’s office. The Court DENIES defendant’s motion
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for sanctions, without prejudice, for failure to follow Civil Local Rules 37-4 and 7-8,
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which require a motion for sanctions to be filed and set for hearing separately.
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The Court recommends to Judge Armstrong that she continue all case
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management deadlines by ninety days, in light of the transition in plaintiff’s counsel and
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so that defendant will not be prejudiced by plaintiff’s failure to participate in discovery.
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IT IS SO ORDERED.
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Date: February 28, 2013
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____________________________
NATHANAEL M. COUSINS
United States Magistrate Judge
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Case No. 11-cv-05486 SBA (NC)
ORDER GRANTING
MOTION TO COMPEL DEPOSITION
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