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- ilcd;;1:16-cv-01333_de69 RegisterActionDate "2018-02-01" @default.
- ilcd;;1:16-cv-01333_de69 RegisterActionDescriptionText "TEXT ORDER entered by Judge Michael M. Mihm on 2/1/2018. On November 13, 2017, Plaintiff filed a motion requesting that his duly noticed deposition be continued so he would have time "to properly prepare and seek legal assistance." [ECF # 37]. Plaintiff's deposition was continued to January 17, 2018, at which time Plaintiff appeared but refused to testify. Plaintiff asserted that he has a traumatic brain injury and would not proceed without the assistance of counsel. This, despite the fact that the Court had denied the appointment of counsel on many occasions finding, on 10/18/17, that Plaintiff was a seasoned litigator who filed six cases while incarcerated and successfully filed an appeal in one of them. Plaintiff thereafter filed a motion to limit his deposition 50 , asserting that "[n]ot appreciating the significance of a deposition and what it entails, Plaintiff failed to seek any assistance from any of those assisting him until the last minute. As such, Plaintiff's only available for recourse left was to seek to suspend the deposition" This is contradicted by the record which shows that Plaintiff was aware that he could request a continuance and had, some weeks prior, successfully done so. Plaintiff does not explain why he could not adequately prepare from November 13, 2017 through January 17, 2018. 50 is DENIED. Defendants have filed a motion for sanctions documenting the $201.75 court reporter fee for the video deposition. Under Fed.R.Civ.P. 37(d)(1)(A)(i), a court may sanction a party who fails to provide deposition testimony after due notice. Sanctions may include dismissing the matter outright or ordering the non-complying party to pay the costs. See Rule 37 (b)(2) (A) and (C). Accordingly, Plaintiff is ordered to remit $201.75 to defense counsel within 30 days. Counsel may thereafter reschedule Plaintiffs deposition. Failure to remit these costs will result in the dismissal of Plaintiff's complaint. See Melton v. Loftin, No. 12-0748, 2014 WL 1758981 *2 (S.D.Ill. May 1, 2014) ("[t]he monetary sanctions assessed here represent the cost of the next deposition. If Plaintiff pays the sanctions, he will be deposed again and the case will proceed. If Plaintiff fails to pay the sanctions, the undersigned will dismiss this case via Federal Rule of Civil Procedure 41.") (JS, ilcd) (Entered: 02/01/2018)" @default.
- ilcd;;1:16-cv-01333_de69 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01333_de69 hasJudgeReference SJ001506 @default.
- ilcd;;1:16-cv-01333_de69 hasReferenceToOtherEntry ilcd;;1:16-cv-01333_de66 @default.