Chatman v. Tyner, et al

Filing 176

ORDER Re Plaintiff's 175 Objection to Stipulation Regarding Deposition of Defendant Duran Via Video Conference, signed by Chief Judge Anthony W. Ishii on 3/8/2010. Filing Deadline: 3/17/2010. (Sondheim, M)

1 2 3 4 5 6 CHARLES CHATMAN, 7 Plaintiff, 8 v. 9 SERGEANT C. TYNER, et al., 10 Defendants. 11 12 Plaintiff Charles Chatman is a state prisoner proceeding pro se and in forma pauperis in this 13 civil rights action pursuant to 42 U.S.C. § 1983. The parties filed a stipulation agreeing that a video 14 deposition of Defendant Rodrigo Duran be conducted via video conference for use at trial in lieu of 15 live testimony ­ which was approved and filed on September 2, 2009. (Doc. 169.) On March 1, 16 2010, Plaintiff filed an objection (apparently to the stipulation) in which he asserts that defense 17 counsel coached Defendant Duran as to his answers during Plaintiff's cross-examination in the 18 deposition, and raises concerns that Defendants might edit the video tape so as not to reveal the 19 coaching if the video is played at trial. (Doc. 175.) Plaintiff requests that the deposition video be 20 reviewed, that Defendants be precluded from editing the video taped deposition, and that Defendant 21 Duran be required to appear at the trial of this matter via video conference. (Id.) 22 Accordingly, Defendants are HEREBY ORDERED to file a copy of the unedited video tape 23 of Defendant Duran's deposition, along with any opposition to Plaintiff's requests, on or before 24 March 17, 2010. This issue will be ruled on at the telephonic trial confirmation hearing on March 25 29, 2010. 26 IT IS SO ORDERED. 27 28 Dated: 0m8i78 March 8, 2010 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE 1 / (Doc. 175.) ORDER REGARDING PLAINTIFF'S OBJECTION TO STIPULATION REGARDING DEPOSITION OF DEFENDANT DURAN VIA VIDEO CONFERENCE CASE NO. 1:03-cv-06636-AWI-SMS PC

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA