Gosselin v. Tilton et al

Filing 45

ORDER GRANTING 42 Motion TO File Video, signed by Magistrate Judge Gary S. Austin on 03/05/2014. (Martin-Gill, S)

1
2
3
4
5
6
7

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

PASCUAL GOSSELIN,

12
13
14

Plaintiff,

1:10-cv-01974-GSA-PC
ORDER GRANTING DEFENDANTS=
MOTION TO FILE VIDEO

vs.
(Doc. 42.)
J TILTON, et al.,

15

Defendants.

16
17

Pascual Gosselin (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights

18

action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on

19

October 12, 2010. (Doc. 1.) This case now proceeds on the First Amended Complaint filed by

20

Plaintiff on October 29, 2012, against defendants Adams, Hubach, Taber, and Latraille

21

(“Defendants”). (Docs. 11, 12.)

22

23

On February 13, 2015, Defendants filed a motion to file a video of Plaintiff’s extraction
with the court. (Doc. 42.) Plaintiff has not filed an opposition.

24

Defendants request leave to file a copy, on compact disk, of Plaintiff’s March 16, 2008

25

cell extraction which is at issue in this lawsuit, as evidence in support of their motion for

26

summary judgment.1 Defendants explain that they are unable to submit the video in electronic

27
28

1

(Doc. 43.)

Defendants filed a motion for summary judgment on February 17, 2015, which is pending.

1

format for technical reasons. Defendants argue that the filing of the video will not unduly

2

prejudice Plaintiff, because Plaintiff placed the recording at issue by referring to it in the First

3

Amended Complaint, and Plaintiff was permitted to view the recording during discovery.

4
5
6

Good cause having been presented to the court, and GOOD CAUSE APPEARING
THEREFOR, IT IS HEREBY ORDERED that:
1.

Defendants’ motion for leave to file a compact disk containing the recording of

7

Plaintiff’s March 16, 2008 extraction, which is at issue in this lawsuit, is

8

GRANTED; and

9

2.

Defendants may file or lodge the compact disk with the Clerk of the Court.

10
11
12
13
14
15
16
17
18
19
20
21
22

23
24
25
26
27
28

IT IS SO ORDERED.
Dated:

March 5, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE