Martinez v. State of California et al
Filing
105
ORDER Regarding Ex Parte Application to Clarify The Court Order Permitting Depositions by Plaintiff 103 signed by Magistrate Judge Dennis L. Beck on 1/23/2009. (Esteves, C)
<![CDATA[
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff is a state prisoner and proceeding with counsel in a civil rights action pursuant to 42 U.S.C. § 1983. On January 21, 2009, Plaintiff filed an ex parte application to clarify the court's order permitting depositions by Plaintiff. Defendants filed an opposition to the ex parte application on January 22, 2009. By the instant application, Plaintiff asks the Court to clarify its order regarding Plaintiff's motion for leave to take depositions in excess of the limits imposed by the Federal Rules of Civil Procedure. On November 21, 2008, the Court heard arguments from the parties regarding Plaintiff's request for additional depositions. On December 3, 2008, the Court issued a written order, granting Plaintiff "leave to depose the defendants identified in his motion, as well as four (4) additional witnesses." As Plaintiff identified six defendants in his motion, the Court essentially ordered that Plaintiff could take 10 more depositions in this matter. To clarify further, Plaintiff was (and is) limited to the 10 additional depositions. If Plaintiff wants to exceed that amount, then he must seek 1 vs. STATE OF CALIFORNIA, Defendant. / STEVEN MARTINEZ, Plaintiff, CASE NO. 1:07-cv-00996 DLB ORDER REGARDING EX PARTE APPLICATION TO CLARIFY THE COURT ORDER PERMITTING DEPOSITIONS BY PLAINTIFF (Doc. 103) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
1 2 3 4 5
the Court's leave. To the extent that Plaintiff's ex parte application seeks an order requiring Defendants to produce an additional witness for deposition, the application is DENIED. IT IS SO ORDERED. Dated: 3b142a
January 23, 2009
/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
