Opinion
18-cv-05558 BLF (PR)
10-06-2023
SHIKEB SADDOZAI, Plaintiff, v. RON DAVIS, et al., Defendants.
ORDER GRANTING LEAVE TO FILE RENEWED MOTION FOR TERMINATING AND MONETARY SANCTIONS; SETTING BRIEFING SCHEDULE
(DOCKET. NO. 89)
BETH LABSON FREEMAN, UNITED STATES DISTRICT JUDGE
Plaintiff, a California state prisoner, filed a pro se civil rights complaint under 42 U.S.C. § 1983, against employees at San Quentin State Prison (“SQSP”). The third amended complaint (“TAC”) is the operative complaint in this action. Dkt. No. 29. On August 23, 2023, the Court denied Plaintiff's objection to oral deposition and request for written deposition, and also denied Defendant's motion for terminating and monetary sanctions without prejudice. Dkt. No. 88. Plaintiff was ordered to appear at the oral deposition and answer all questions in good faith. Id. at 7. In the event Plaintiff failed to comply, the Court granted Defendant leave to move the Court to reconsider his motion for terminating and monetary sanctions. Id.
On October 4, 2023, Defendant filed notice that he attempted to depose Plaintiff that day, as noticed, but was unable to do so. Dkt. No. 89. Defendant intends to renew his motion for terminating sanctions, and requests leave to file it no later than October 18, 2023. Id. at 2. Good cause appearing, the motion is GRANTED.
CONCLUSION
For the foregoing reasons, the Court orders as follows:
1. Defendant's request to file a renewed motion for terminating and monetary sanctions is GRANTED. Dkt. No. 89. Defendant's motion shall be filed no later than October 18, 2023.
2. Plaintiff's opposition to Defendant's motion shall be filed no later than twenty-eight (28) days from the date Defendant's motion is filed.
3. Defendant shall file a reply brief no later than fourteen (14) days after Plaintiff's opposition is filed.
4. The motion shall be deemed submitted as of the date the reply brief is due. No hearing will be held on the motion unless the Court so orders at a later date.
This order terminates Docket No. 89.
IT IS SO ORDERED.