Lopez v. Lee et al

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United States District Court
Northern District of California
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ANDREW LOPEZ,
Plaintiff,
v.
M. LEE, et al.,
Defendants.
Case No. 23-cv-03660-HSG
ORDER DENYING REQUEST FOR
CONTEMPT CITATION FOR INMATE
WINSON
Re: Dkt. No. 79
Plaintiff, an inmate currently housed at San Quentin State Prison, has filed a pro se civil
rights action regarding events that occurred at Pelican Bay State Prison (“PBSP”), while he was
previously housed there. The Court DENIES Defendants’ requests for a civil contempt citation
against inmate Winson for the failure to comply with a deposition subpoena, and for the
imposition of monetary sanctions against inmate Winson. Dkt. No. 79. Defendants state that
inmate Winson did not appear at his September 11, 2025 deposition, and that custody staff
informed defense counsel that inmate Winson refused to appear. Dkt. No. 79 at 8; Dkt. Nos. 79-
2,79-3. Defendants ask the Court to issue a contempt citation against inmate Winson for failure to
appear, and to impose monetary sanctions that would be lifted upon inmate Winson’s participation
in his deposition. See generally Dkt. No. 79. On December 1, 2025, in correspondence dated
November 23, 2025, inmate Winson informed the Court that he did not refuse to attend the
deposition, and that at the date and time scheduled for the deposition, he informed custody staff
that he was scheduled for a deposition and that custody staff informed him that they would check
and then, three hours later, custody staff informed inmate Winson that the deposition had been
cancelled. Dkt. No. 90. Inmate Winson also states that he called defense counsel on November
22, 2025, and was unable to reach her; and that he has made five calls to defense counsel, all of
Case 4:23-cv-03660-HSG Document 91 Filed 12/12/25 Page 1 of 2

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United States District Court
Northern District of California
which have gone unanswered. Id. Because it appears that inmate Winson is willing to appear for
a deposition, the Court DENIES the request for issuance of a contempt citation and imposition of
monetary sanctions. The Court presumes that Defendants have successfully deposed inmate
Winson as the December 5, 2025 deadline for deposing him has passed, and Defendants have not
sought further relief regarding the deposition. If Defendants have been unsuccessful in deposing
inmate Winson due to his refusal to sit for the deposition, Defendants may file a renewed motion
for a contempt citation and monetary sanctions.
This order terminates Dkt. No. 79.
IT IS SO ORDERED.
Dated:
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge
12/12/2025
Case 4:23-cv-03660-HSG Document 91 Filed 12/12/25 Page 2 of 2