Williams v. Baker et al

Filing 57

ORDER Requiring Defendant Baker to Submit Video File signed by Magistrate Judge Jeremy D. Peterson on 2/6/2019. (Jessen, A)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 SHANNON WILLIAMS, Plaintiff, 10 11 12 13 Case No. 1:16-cv-01540-DAD-JDP ORDER REQUIRING DEFENDANT BAKER TO SUBMIT VIDEO FILE v. OFFICER BAKER, Defendant. 14 15 On July 3, 2018, defendant Baker moved for summary adjudication of plaintiff’s 16 excessive force claim against him. ECF No. 45. In conjunction with his motion, defendant 17 filed the declaration of Brian Vandenover, which included an exhibit. ECF No. 45-2. The 18 exhibit appears to be a photocopy of a DVD, entitled “October 13, 2014 Incident.” Id. at 6. 19 Defendant’s Certificate of Service by Mail for this filing states that the exhibit was “previously 20 provided.” ECF No. 45-5. The court interprets this to mean that defendant provided the DVD 21 to plaintiff prior to the motion for summary adjudication. However, the clerk of court does not 22 appear to be in possession of the DVD. 23 Accordingly, the court orders defendant Baker to submit the video file “electronically in 24 one of the formats listed on the Electronic Evidence Submission page on the Court’s Website 25 www.caed.uscourts.gov.” Local Rule 138(l) (“Submissions must be made on either a Compact 26 Disk (CD), Digital Video Disk (DVD), or USB (Universal Serial Bus) Flash Drive.”). If 27 28 1 1 feasible, the court also requests that defendant email a copy of the video file to 2 jdporders@caed.uscourts.gov so that defendant’s motion may be adjudicated expeditiously. 3 4 IT IS SO ORDERED. 5 6 Dated: February 6, 2019 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 `

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