Extract from Doug Austin’s article “Motion to Compel Depositions Granted by Court”
In Puckett v. Cnty. of Sacramento, No. 2:22-cv-0350 KJM DB (E.D. Cal. Feb. 5, 2024), California Magistrate Judge Deborah Barnes granted the plaintiff’s motion to compel depositions after the plaintiff served notices of depositions pursuant to FRCP Rule 30(b)(6) after the defendants repeatedly stated that certain documents did not exist or were not maintained.
Case Discussion
In this case, the plaintiff was prosecuted and convicted for robbery and murder and served almost 19 years until 2020, when the California superior court granted plaintiff’s writ of habeas corpus and vacated his convictions. A year later, the superior court found the plaintiff factually innocent. The plaintiff then filed this action under 42 U.S.C. § 1983, alleging the defendants deprived him of his constitutional rights by withholding or ignoring exonerating evidence.
In response to plaintiff’s requests for production of documents, the defendants repeatedly stated that various documents never existed or were not maintained and thus defendants could not produce responsive documents.Â
