Barajas Centeno v. City of Carlsbad

I. BACKGROUND

23 The underlying case is a § 1983 and Monell civil rights action alleging that 24 Defendants the City of Carlsbad (“the City”) and Officer Jordan Walker (“Walker) 25 (collectively, “Defendants”) deprived Plaintiff of his civil rights through alleged unlawful 26 and excessive use of force during Plaintiff’s arrest and detention. ECF No. 1-2 at 2-3. The 27 instant matter arose out of Plaintiff’s deposition as part of the preparation in the underlying case. Defendants noticed Plaintiff’s deposition for July 22, 2020. ECF No. 187 at 2. Plaintiff’s counsel, Genaro Lara (“Lara”), sent a letter requesting the presence of a Spanish language interpreter and requiring that counsel for the City, Daniel S. Modafferi (“Modafferi”) provide Mr. Lara with hearing aid equipment at the deposition. ECF No. 193 at 2. Defendants state that after receiving Lara’s letter by mail, Modafferi called Lara on the phone to discuss the requests. Id. Modafferi informed Lara that a Spanish language interpreter would be present, and that Lara was free to bring any assistive listening device he might need, but that the City was not obligated by the ADA to provide…