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Doe v. Kern Cnty. Sheriff's Office

United States District Court, Eastern District of California
Jun 17, 2022
1:20-cv-01544-BAK (EPG) (E.D. Cal. Jun. 17, 2022)

Opinion

1:20-cv-01544-BAK (EPG)

06-17-2022

JANE DOE, Plaintiff, v. KERN COUNTY SHERIFF'S OFFICE, et al. Defendants.


ORDER GRANTING DEFENDANT COUNTY OF KERN'S REQUEST FOR ADDITIONAL TIME TO DEPOSE NON-PARTY JUSTIN MCGEE

(ECF No. 40)

On March 23, 2022, Defendant County of Kern filed a motion for the Court to issue an order to show cause why a contempt citation should not issue to non-party Justin McGee for his failure to comply with the deposition subpoenas. (ECF No. 32). The Court did so on April 13, 2022. (ECF No. 37). Justin McGee failed to respond. Accordingly, on May 18, 2022, the Court ordered that Defendant County of Kern file a response indicating whether the deposition has been rescheduled and specifying the sanctions that are being requested. (ECF No. 39).

On June 1, 2022, Defendant County of Kern responded that it was able to contact and schedule a deposition with Mr. McGee. (ECF No. 40 at 1). Defendant indicates that a few hours prior to the deposition, Mr. McGee contacted the County and informed it that he had been throwing up all morning and would not appear at the deposition. (Id. at 2). Defendant reports that “[b]ased on Mr. McGee's prior representations regarding his pancreatitis, the County has no reason to believe Mr. McGee was attempting to avoid his deposition, ” and “due to his illness, the County does not believe at an order for monetary sanctions would effectively motivate Mr. McGee to participate in his eposition at this time.” (Id.) The County requested the Court for an additional 30 days to depose Mr cGee. (Id.)

Accordingly, good cause having been shown, the Court grants the County's request. By July 5, 2022, Defendant County of Kern shall file a response indicating whether the deposition has been scheduled and, if applicable, specifying the sanctions that are being requested, along with any legal uthority for such sanctions. Note that the Court may issue findings and recommendations to the istrict judge, depending on the nature of the sanctions being requested.

IS SO ORDERED.


Summaries of

Doe v. Kern Cnty. Sheriff's Office

United States District Court, Eastern District of California
Jun 17, 2022
1:20-cv-01544-BAK (EPG) (E.D. Cal. Jun. 17, 2022)
Case details for

Doe v. Kern Cnty. Sheriff's Office

Case Details

Full title:JANE DOE, Plaintiff, v. KERN COUNTY SHERIFF'S OFFICE, et al. Defendants.

Court:United States District Court, Eastern District of California

Date published: Jun 17, 2022

Citations

1:20-cv-01544-BAK (EPG) (E.D. Cal. Jun. 17, 2022)