(PC) Brummett v. Lopez et al
Filing
62
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
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MELVIN RAY BRUMMETT, JR.,
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Plaintiff,
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v.
LOPEZ, et al.,
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ORDER REGARDING DEFENDANT’S
NOTICE OF LODGING DEPOSITION
TRANSCRIPT
(ECF No. 61)
Defendants.
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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
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Plaintiff Melvin Ray Brummett, Jr. (“Plaintiff”) is a state prisoner proceeding pro se and
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in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds
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against Defendant Martinez for retaliation in violation of the First Amendment and deliberate
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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.)
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Defendant also filed a Notice of Lodging Deposition Transcript, which included a true and correct
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copy of the entire transcript of the deposition taken of Plaintiff on September 16, 2022. (ECF No.
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61.)
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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
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Case 1:21-cv-00086-ADA-BAM Document 62 Filed 01/17/23 Page 2 of 2
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record of the action absent order of the Court. Pertinent portions of the deposition intended to
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become part of the official record shall be submitted as exhibits in support of a motion or
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otherwise.” L.R. 133(j) (citation omitted).
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As the Court has not ordered that the entire deposition transcript become part of the
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official record, the Court has sealed Defendant’s notice of lodging to prevent public access to the
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transcript in question. Defendant is instructed to refile the notice of lodging and to submit the
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deposition transcript, all in compliance with Local Rule 133(j). The Court notes that an electronic
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copy of the transcript, submitted to bamorders@caed.uscourts.gov, is preferred.
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Accordingly, IT IS HEREBY ORDERED that within seven (7) days from the date of
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service of this order, Defendant shall refile the notice of lodging and submit a courtesy copy of
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the transcript of Plaintiff’s September 16, 2022 deposition, all in compliance with Local Rule
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133(j).
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IT IS SO ORDERED.
Dated:
/s/ Barbara
January 13, 2023
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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