Reddy v. Precyse Solutions, LLC et al

Filing 110

ORDER re E-mails to Court signed by Magistrate Judge Stanley A. Boone on 6/2/2015. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KRISHNA REDDY, 12 13 14 15 Plaintiff, Case No. 1:12-cv-02061-AWI-SAB ORDER RE E-MAILS TO COURT v. PRECYSE SOLUTIONS LLC, et al., Defendants. 16 17 Plaintiff is proceeding pro se in this action. In the course of this litigation, Plaintiff has 18 begun contacting the courtroom deputy by e-mail. Plaintiff has been advised that the courtroom 19 deputy does not accept documents for filing. See Decl. of Krishna Reddy ¶ 14, ECF No. 104. On 20 June 1, 2015, Plaintiff e-mailed the courtroom deputy requesting a hearing date be vacated 21 alleging improper notice. 22 The Court may not engage in exparte communication with the parties to an action. 23 Plaintiff can not make an exparte objection seeking a ruling without providing the opposing party 24 with notice. If Plaintiff seeks a ruling on a request from this Court she must properly file a 25 request through the Clerk’s Office. See Local Rule 133(d). 26 The Rules provide that since Plaintiff is proceeding pro se, she is required to file 27 documents by mail or in person with the Clerk’s Office. L.R. 133(b)(2). Further, the Rules 28 specifically state that documents are not accepted by the Clerk’s Office or chambers for filing by 1 1 fax, L.R. 133(e)(4). This would also apply to documents submitted by e-mail. While the 2 courtroom deputy has on occasion accepted e-mails from Plaintiff and a document by e-mail due 3 to time constraints, Plaintiff has abused the privileges despite admonishments. The Court shall 4 order Plaintiff not to contact the courtroom deputy. 5 Finally, as to Plaintiff’s current objection to the timing of the motion to compel, Plaintiff 6 is directed to Local Rule 251 which governs discovery motions. Rule 251 provides that “a 7 hearing of a motion pursuant to Fed. R. Civ. P. 26 through 37 and 45 . . . may be had by the filing 8 and service of a notice of motion and motion scheduling the hearing date on the appropriate 9 calendar at least twenty-one (21) days from the date of filing and service.” 10 L.R. 251(a). Defendants properly noticed the June 17, 2015 hearing. 11 Based on the foregoing, IT IS HEREBY ORDERED that: 12 1. Plaintiff is not to e-mail documents to the courtroom deputy or contact the 13 courtroom deputy by e-mail with requests for action by the Court unless so authorized by the 14 Court; and 15 2. Plaintiff shall personally appear at the June 17, 2015 hearing. 16 17 18 IT IS SO ORDERED. Dated: June 2, 2015 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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