Korrell Santana Cole v. Los Angeles County et al.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

KORRELL SANTANA COLE, Case No. 2:23-cv-10392-SB-PD

Plaintiff,

v. ORDER ADOPTING, AS

MODIFIED, FINDINGS,

LOS ANGELES COUNTY et al., CONCLUSIONS, AND

RECOMMENDATIONS OF U.S.

Defendants. MAGISTRATE JUDGE [DKT. NO. 154]

Defendants Robert Luna, Clayton Stelter, Andrew Palencia, Brian Pineda, and Sergio Palacios moved for terminating or preclusion sanctions under Rule 37 of the Federal Rules of Civil Procedure for Plaintiff Korrell Cole’s repeated obstruction and defiance of discovery orders. Dkt. No. 140. In her Report and Recommendation (R&R), Magistrate Judge Patricia Donahue recommends evidence-preclusion sanctions barring Plaintiff from testifying or introducing his interrogatory responses at any pretrial motion or trial. Plaintiff objects, contending that the proposed sanctions would effectively dismiss his case. The Court agrees but concludes that terminating sanctions are warranted. I. Pursuant to 28 U.S.C. § 636, the Court has reviewed de novo all relevant records in this case, including the Second Amended Complaint, Judge Donahue’s prior…