Davis v. Allcorn et al

Filing 44

OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 34 Motion to Compel (jcm, Dpty Clk)

UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
TJUAN DAVIS,
PLAINTIFF,
vs.
DAVID ALLCORN and
JAMES HALLET,
DEFENDANTS.

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CASE NO. 10-CV-664-CVE-FHM

OPINION AND ORDER
Defendants have filed a Joint Motion for Sanctions [Dkt. 32], a Joint Motion to
Find Plaintiff in Contempt of Court [Dkt. 33] and a Joint Motion to Compel the
Completion of Plaintiff Tjuan Davis’ Deposition [Dkt. 34]. Plaintiff has filed responses
[Dkts. 41, 42]. This opinion and order will address only Defendants’ Joint Motion to
Compel the Completion of Plaintiff’s Deposition [Dkt. 34]1 wherein Defendants request
an order compelling Plaintiff to present himself to continue his deposition and to
cooperate fully in answering the requested questions. Plaintiff does not object to the
motion. [Dkt. 42].
Defendants’ Joint Motion to Compel the Completion of Plaintiff Tjuan Davis’
Deposition [Dkt. 34] is GRANTED. Plaintiff shall present himself for a continuation of
his deposition at a time convenient for Defendants. At the deposition, Plaintiff shall fully
comply with his obligations under the Federal Rules of Civil Procedure. Plaintiff is
hereby advised that failure to comply with this order may result in sanctions, including
the dismissal of this case.
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Defendants’ Joint Motion for Sanctions [Dkt. 32] and Joint Motion to Find Plaintiff in Contempt
of Court [Dkt. 33] will remain under advisement.

SO ORDERED this 5th day of October, 2011.

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