IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 14, 2008
GREGORY MICHAEL FLORES, PLAINTIFF,
SOLANO COUNTY SHERIFF'S DEPARTMENT, ET AL., DEFENDANTS.
Plaintiff is a former county jail inmate proceeding pro se with a civil rights action under 42 U.S.C. § 1983. Defendant Waller has filed a motion to compel plaintiff's deposition. Plaintiff has neither opposed the motion nor filed a statement of non-opposition.
Under Rule 37(d)(1)(A)(i) of the Federal Rules of Civil Procedure, the court may impose sanctions on a party who "fails, after being served with proper notice, to appear for that person's deposition. . . . " Defendant's counsel avers that she scheduled a deposition and mailed a notice of that deposition to the address she obtained from plaintiff's parole officer, yet plaintiff did not appear at the time and place scheduled.
In this case, it is appropriate to direct plaintiff to appear at a second properly noticed deposition.
IT IS HEREBY ORDERED that:
1. Defendant's motion to compel (docket no. 31) is granted;
2. Plaintiff is ordered to appear for his deposition at the time and place to be set in a notice from defendant's counsel. Plaintiff is cautioned that failure to comply may result in the imposition of sanctions, including dismissal of the action;
3. The dates for dispositive motions, pretrial statement, pretrial conference and trial established in the scheduling order (docket no. 27) are vacated and dispositive motions are due within thirty days of plaintiff's deposition; and
4. Defendants are directed to file a copy of the notice setting the new date for plaintiff's deposition.
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