Brown v. Beagley et al

Filing 54

ORDER Returning Exhibits To Plaintiff And Disregarding Discovery Documents (Doc. 42 ), signed by Magistrate Judge Jennifer L. Thurston on 5/15/2012. The Court ORDERS the following: The Court Clerk SHALL return Plaintiffs Exhibit List and attached Ex hibits (filed April 12, 2012 and re-filed April 17, 2012) to Plaintiff. Plaintiff SHALL NOT re-file the returned Exhibit List or attached Exhibits, unless such evidence is submitted in support of a motion and only the specific evidence needed for the motion may be filed, in opposition to a motion, or in response to a Pre-Trial order to do so.(Fahrney, E)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Case No.: 1:10-cv-01460 JLT
BENNIE RAY BROWN

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ORDER RETURNING EXHIBITS TO
Plaintiff, PLAINTIFF AND DISREGARDING
DISCOVERY DOCUMENTS

v.
OFFICER JESS BEAGLEY, et al.,

(Doc. 42).
Defendants.

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On April 12, 2012, Plaintiff filed an Exhibit List with multiple exhibits with the Court.

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Those exhibits were returned to Plaintiff. On April 17, 2012, Plaintiff re-filed the same Exhibit

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List and Exhibits with the Court. Plaintiff also included his Response to Defendants Production of

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Documents with the documents he filed with the Court on April 17, 2012. (Doc. 42).

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Plaintiff is reminded that the Court will not rule on the admissibility of evidence unless or

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until the evidence is submitted in conjunction with a motion to decide an issue in the case (or in

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opposition to such a motion), a motion in limine (or an opposition to such a motion) or during the

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actual trial. This means that the Court does not serve as a repository for Plaintiff’s evidence and

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Plaintiff should not file evidence in the form of exhibits or declarations or discovery responses

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with the Court unless such evidence is submitted with a motion or in opposition to a motion, as

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described above.

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Given that Plaintiff’s Exhibit List and attached exhibits are not submitted in support of or

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in opposition to an actual motion to decide an issue in the case (Doc. 77), the Court will return

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Plaintiff’s Exhibit List (filed on April 12, 2012 and April 17, 2012) and disregard Plaintiff’s

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Response to Defendants’ Production of Documents.

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Accordingly, the Court ORDERS the following:

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1. The Court Clerk SHALL return Plaintiff’s Exhibit List and attached Exhibits (filed

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April 12, 2012 and re-filed April 17, 2012) to Plaintiff.

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2. Plaintiff SHALL NOT re-file the returned Exhibit List or attached Exhibits, unless

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such evidence is submitted in support of a motion and only the specific evidence

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needed for the motion may be filed, in opposition to a motion, or in response to a Pre-

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Trial order to do so.

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IT IS SO ORDERED.
Dated:

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May 15, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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