Damon Bentley Franklin v. E. Webb

Summary

The document contains an order and findings and recommendations concerning a prisoner civil-rights action in the Eastern District of California. The magistrate judge recommends granting the defendant’s unopposed motion for terminating sanctions and dismissing the action without prejudice based on the plaintiff’s failure to complete a court-ordered deposition. The court also stays outstanding deadlines and recommends denying the motion to compel written-discovery responses as moot.

Holdings

1. Terminating sanctions were appropriate because the plaintiff refused to comply with the court's deposition order, obstructed the deposition, and terminated it before completion; dismissal without prejudice was therefore recommended for lack of prosecution and failure to comply with court rules and orders.
2. The motion to compel responses to written discovery was recommended for denial as moot because dismissal of the action was recommended.
3. The motion to stay outstanding case deadlines was granted pending the assigned district judge's final ruling on the motion for terminating sanctions.

Questions Presented

1. Whether terminating sanctions, including dismissal without prejudice, were warranted for the plaintiff's failure to attend and complete a court-ordered deposition.
2. Whether the defendant's motion to compel written discovery responses should be denied as moot in light of the recommended dismissal.
3. Whether outstanding discovery deadlines should be stayed pending the district judge's final ruling on terminating sanctions.

Disposition

other