Gonzalez v. Hostetler Trucking, Inc.

Filing 19

ORDER CANCELLING SETTLEMENT WEEK MEDIATION: April 9, 2012 the parties participated in a conference with Judge Abel; Status report due 5/21/12. Signed by Magistrate Judge Mark R. Abel on 4/9/12. (sh1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Alfonso Gonzalez,

:
Plaintiff

Hostetler Trucking, Inc.,
Defendant

Civil Action 2:11-cv-0137

:

v.

:

Judge Marbley

:

Magistrate Judge Abel

:

Order Cancelling Settlement Week Mediation
On April 9, 2012, counsel for the parties participated in a telephone conference with
the Magistrate Judge.
While this lawsuit was pending, Mr. Gonzalez was charged by the grand jury for the
Madison County Common Pleas Court with two counts of drug trafficking. He failed to
appear for trial, and an arrest warrant issued. A few days before his scheduled deposition,
Gonzalez was involved in an automobile accident and hospitalized. While hospitalized, he
was arrested. Subsequently, he pleaded guilty to a felony crime; and on March 29, 2012, he
was sentenced to 22 months incarceration. He is currently incarcerated at the Correctional
Reception Center at Orient. http://www.drc.ohio.gov/OffenderSearch/Search.aspx
Plaintiff’s counsel has attempted to communicate with his client since our March 9
conference but has been unable to do so directly. He believes Mr. Gonzalez may be
transferred to a new prison within the next month. To depose a prisoner, a party must first
seek leave of court. Rule 30(a)(2)(B), Fed. R. Civ. P.
Discovery. Plaintiff has completed his discovery. Defendant needs to depose Mr.

Gonzalez and take any additional discovery suggested by his testimony.
Status Report Due. Counsel are DIRECTED to call my office (614.719.3370) on or
before May 21, 2012 to schedule another telephone conference to discuss case scheduling.

s/Mark R. Abel
United States Magistrate Judge

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