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- ilcd;;1:16-cv-01064_de205 RegisterActionDate "2017-08-28" @default.
- ilcd;;1:16-cv-01064_de205 RegisterActionDescriptionText "TEXT ORDER entered by Chief Judge James E. Shadid on 8/28/2017. On July 26, 2017, the Court conducted a telephone status conference. During these proceedings, the Defendants indicated they planned to take Plaintiff's deposition on September 7, 2017. The Court specifically noted there was no reason to delay Plaintiff's deposition. Defendants have now filed an emergency motion to compel Plaintiffs participation in the deposition. 165 Defendants state they intend to fly to Plaintiff's facility in California for the deposition, but Plaintiff has indicated to prison personnel that he will refuse to participate and he has refused to accept legal mail notifying him of the deposition. Defendants' motion is granted. 165 The Court can't force Plaintiff to accept legal mail and can't force Plaintiff to participate in his deposition scheduled for September 7, 2017. However the Court can, and does, remind Plaintiff that he filed this lawsuit and if he now chooses to not participate he could face sanctions that include payment of costs and/ or dismissal of his lawsuit. See Fed. R.Civ. P. 37(d); Fed. R. Civ. P. 41(b). The Clerk of the Court is to provide a copy of this order to both the Warden at Plaintiff's facility and to Supervisory Corrections Systems Specialist Octavia Brown who notified Defense Counsel of Plaintiff's refusal. A copy of this Court Order must be provided to Plaintiff immediately. In addition, Defendants should immediately provide Plaintiff with another copy of Plaintiff's notice of deposition. The Deposition will continue as scheduled for September 7, 2017.(JS, ilcd) (Entered: 08/28/2017)" @default.
- ilcd;;1:16-cv-01064_de205 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01064_de205 hasJudgeReference SJ001502 @default.
- ilcd;;1:16-cv-01064_de205 hasReferenceToOtherEntry ilcd;;1:16-cv-01064_de204 @default.