Calvin Willis v. Matthew Taylor, et al.

Summary

The United States District Court for the Northern District of California ordered Plaintiff Calvin Willis to participate in a November 4, 2025 deposition and directed any counsel representing him to file a notice of appearance and confer with defense counsel. The Court warned that failure to participate or comply with its prior discovery order could result in terminating sanctions, including dismissal under Federal Rule of Civil Procedure 41(b), and ordered related status reports and a potential response to an order to show cause.

Holdings

1. Plaintiff must participate in the November 4, 2025 deposition. If Plaintiff is represented by counsel, counsel must be present, and counsel must file a notice of appearance and confer with defense counsel before the deposition.
2. If Plaintiff fails to participate in the deposition or otherwise disobeys the court's order, the court may consider sanctions, including dismissal under Federal Rules of Civil Procedure 37(b)(2) and 41(b), and Plaintiff must show cause why the action should not be dismissed if the deposition does not occur.

Questions Presented

1. Whether the court should direct Plaintiff to participate in the scheduled November 4, 2025 deposition and require counsel, if any, to enter an appearance and coordinate the deposition.
2. Whether continued failure to participate in the deposition or comply with the court's discovery order could support terminating sanctions or dismissal for failure to prosecute under Federal Rule of Civil Procedure 41(b).

Disposition

other