(PC) Brummett v. Lopez et al
ORDER Regarding Defendant's Notice of Lodging Deposition Transcript; ORDER Directing Defendant to Refile Notice of Lodging Documents Electronically in Compliance With Local Rule 133(j), signed by Magistrate Judge Barbara A. McAuliffe on 1/13/2023. Seven Day Deadline. (Marrujo, C)
Case 1:21-cv-00086-ADA-BAM Document 62 Filed 01/17/23 Page 1 of 2
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MELVIN RAY BRUMMETT, JR.,
LOPEZ, et al.,
ORDER REGARDING DEFENDANT’S
NOTICE OF LODGING DEPOSITION
(ECF No. 61)
Case No. 1:21-cv-00086-ADA-BAM (PC)
ORDER DIRECTING DEFENDANT TO
REFILE NOTICE OF LODGING
DOCUMENTS ELECTRONICALLY IN
COMPLIANCE WITH LOCAL RULE 133(j)
SEVEN (7) DAY DEADLINE
Plaintiff Melvin Ray Brummett, Jr. (“Plaintiff”) is a state prisoner proceeding pro se and
in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds
against Defendant Martinez for retaliation in violation of the First Amendment and deliberate
indifference to risk of harm in violation of the Eighth Amendment.
On January 12, 2023, Defendant filed a motion for summary judgment. (ECF No. 59.)
Defendant also filed a Notice of Lodging Deposition Transcript, which included a true and correct
copy of the entire transcript of the deposition taken of Plaintiff on September 16, 2022. (ECF No.
Pursuant to Local Rule 133(j), “Depositions shall not be filed through CM/ECF. . . .
Neither hard copy nor electronic copy of the entire deposition will become part of the official
Case 1:21-cv-00086-ADA-BAM Document 62 Filed 01/17/23 Page 2 of 2
record of the action absent order of the Court. Pertinent portions of the deposition intended to
become part of the official record shall be submitted as exhibits in support of a motion or
otherwise.” L.R. 133(j) (citation omitted).
As the Court has not ordered that the entire deposition transcript become part of the
official record, the Court has sealed Defendant’s notice of lodging to prevent public access to the
transcript in question. Defendant is instructed to refile the notice of lodging and to submit the
deposition transcript, all in compliance with Local Rule 133(j). The Court notes that an electronic
copy of the transcript, submitted to email@example.com, is preferred.
Accordingly, IT IS HEREBY ORDERED that within seven (7) days from the date of
service of this order, Defendant shall refile the notice of lodging and submit a courtesy copy of
the transcript of Plaintiff’s September 16, 2022 deposition, all in compliance with Local Rule
IT IS SO ORDERED.
January 13, 2023
UNITED STATES MAGISTRATE JUDGE
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?