Taek Yoon v. Lee
Opinion
Trial Court Opinion
I.
BACKGROUND
On March 17, 2013, Plaintiff Taek Yoon (“Plaintiff”) constructively filed1 a Second Amended Complaint (“SAC”) pursuant to 28 U.S.C. § 1983. Dkt. 33. The sole remaining claim in the action alleges Defendants were deliberately indifferent to Plaintiff’s safety from imminent attack by other inmates resulting in Plaintiff being attacked on October 19, 2007. Dkt. 33.
1 Under the “mailbox rule,” when a pro se inmate gives prison authorities a pleading to mail to court, the court deems the pleading constructively “filed” on the date it is signed. Roberts v. Marshall, 627 F.3d 768, 770 n.1 (9th Cir. 2010); Douglas v. Noelle, 567 F.3d 1103, 1107 (9th Cir. 2009) (stating the “mailbox rule applies to § 1983 suits filed by pro se prisoners”). On November 26, 2018, Defendants filed an Answer. Dkt. 142.
On November 27, 2018, the Court issued a Case Management and Scheduling Order (“CMO”) setting a discovery cut-off of June 28, 2019 and a substantive motion cut-off of July 29, 2019. Dkt. 143.
A. FIRST MOTION FOR SANCTIONS
On June 6, 2019, Defendants served a notice of deposition on Plaintiff for his deposition to occur on June 21, 2019 at Defendants’ counsel’s office…