Ogboehi

(PC) Hernandez v. Ogboehi

Good Law
United States District Court, Eastern District of CaliforniaJanuary 19, 20221:20-cv-01019California1,690 words

Opinion

Trial Court Opinion

DISCUSSION

14 Defendants request that Plaintiff be compelled to appear and provide deposition testimony and 15 to reimburse Defendants for the expenses incurred in attempting to take his deposition and file the 16 instant motion to compel. 17 Discovery opened in this action on July 20, 2021, and the deadline for completion of all 18 discovery is March 20, 2022. (ECF No. 28.) Defendants timely served Plaintiff with a deposition 19 notice on August 25, 2021. (Declaration of Justin Walker “Walker Decl.” ¶¶ 1-2, Ex. A.) The 20 deposition was scheduled to take place on October 19, 2021, at 9:00 a.m. at the California State 21 Prison, Solano (CSP-Solano). (Id.) 22 /// 23 24 1 Plaintiff states that in failing to file an opposition he was complying with the Court’s October 28, 2021 order re:clarification which he contends stayed the case. (ECF No. 33.) However, the order of clarification was not intended to stay any deadlines in this matter. It merely advised the parties that they "should expect that no matter in [this] case[] will be addressed by a district judge." (ECF No. 31.) The order of clarification also indicates that the magistrate judge may "elect to stay…

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