Calderon v. Davey Tree Surgery Company

Filing 49

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