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Wolfe v. Alameida

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 9, 2009

MARION C. WOLFE, JR., PLAINTIFF,
v.
EDWARD S. ALAMEIDA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff, evidently now a former state prisoner proceeding pro se,*fn1 seeks relief pursuant to 42 U.S.C. § 1983. Pursuant to the court's March 31, 2009, scheduling order, discovery was to end on June 26, 2009. Pending before the court is defendants' motion to compel plaintiff's appearance for a deposition, sanctions and to modify the scheduling order.

Defendants' state that they timely served plaintiff with notice of a deposition for June 25, 2009, but plaintiff did not appear or assert any objections or request a protective order. The court also notes that defendants' filed the instant motion on June 26, 2009, but plaintiff has not filed any response. Plaintiff will be ordered to attend the next deposition date and the deadline for discovery will be extended. The court will consider sanctions against plaintiff, but defendants must provide a declaration setting forth the expenses associated with the missed deposition.

Accordingly, IT IS HEREBY ORDERED that defendant's June 26, 2009, motion to compel is granted, in that:

1. Plaintiff, after being served with proper notice, is ordered to attend his deposition (date to be determined by defense counsel as soon as reasonably possible);

2. The June 26, 2009, deadline for discovery and filing of any motion to compel, set forth in the March 31, 2009, Scheduling Order, is extended until August 10, 2009

3. Within ten (10) days of service of this order defendants' are to provide a declaration describing a reasonable attorney's fee and court reporter expenses that plaintiff should pay as a sanction.


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