Demoura et al v. Ford et al
Filing
124
ORDER GRANTING #119 Plaintiffs' ex parte motion and motion to stay depositions signed by Magistrate Judge Sheila K. Oberto on 11/10/2011. Plaintiffs' ex parte motion and motion to stay depositions of Plaintiffs Addison J. Demoura and Jessica Demoura is GRANTED; and the November 14, 2011, deposition of Plaintiff Addison J. Demoura, and the November 23, 2011, deposition of Jessica Demoura are STAYED until after the Court issues its ruling on Plaintiff's motion for a protective order.(Timken, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ADDISON J. DEMOURA, et al.,
CASE NO. 1:09-cv-01344-LJO-SKO
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Plaintiffs,
ORDER GRANTING PLAINTIFFS'
EX PARTE MOTION AND MOTION
TO STAY DEPOSITIONS
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v.
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ANDREW J. FORD, et al.,
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(Docket No. 119)
Defendants.
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/
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On November 8, 2011, Plaintiffs Addison J. Demoura, Jessica Demoura, and John Doe, a
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minor through his Guardian ad Litem, Addison J. Demoura ("Plaintiffs") filed a notice of ex parte
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motion and motion to stay depositions (Doc. 119) pending resolution of Plaintiffs' motion for
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protective order (Doc. 118). Plaintiffs are seeking to stay the depositions of Plaintiffs Addison
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Demoura and Jessica Demoura by Defendant Andrew J. Ford, currently set for November 14 and 23,
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2011, respectively, until after Plaintiffs' motion for protective order is heard by the Court on
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November 30, 2011.
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The Court finds that this matter is suitable for decision without oral argument pursuant to
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Local Rule 230(g). The Court has considered the motion, opposition, and supporting documents,
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and finds that, although Plaintiff could have been more diligent in filing the motion to stay the
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depositions, given that Plaintiff has properly filed a motion for a protective order that will be heard
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by the Court on November 30, 2011, staying Plaintiffs depositions pending the Court's decision on
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that motion is appropriate. The Court also notes that, pursuant to the July 5, 2011, scheduling
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conference order, the non-expert discovery cut-off deadline is March 1, 2012. (Doc. 105, 11:1-2.)
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As such, Plaintiffs' request at this stage of the discovery process to stay the depositions for a few
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weeks until the Court can hear and issue a ruling on the motion for a protective order is not
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unreasonable. The Court thus GRANTS Plaintiffs' motion to stay the depositions.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
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Plaintiffs' ex parte motion and motion to stay depositions of Plaintiffs
Addison J. Demoura and Jessica Demoura is GRANTED; and
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2.
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The November 14, 2011, deposition of Plaintiff Addison J. Demoura, and the
November 23, 2011, deposition of Jessica Demoura are STAYED until after
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the Court issues its ruling on Plaintiff's motion for a protective order.
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IT IS SO ORDERED.
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Dated:
ie14hj
November 10, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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