(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)

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Case 1:21-cv-00086-ADA-BAM Document 62 Filed 01/17/23 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MELVIN RAY BRUMMETT, JR., 12 Plaintiff, 13 14 v. LOPEZ, et al., 15 17 ORDER REGARDING DEFENDANT’S NOTICE OF LODGING DEPOSITION TRANSCRIPT (ECF No. 61) Defendants. 16 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 18 Plaintiff Melvin Ray Brummett, Jr. (“Plaintiff”) is a state prisoner proceeding pro se and 19 20 in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds 21 against Defendant Martinez for retaliation in violation of the First Amendment and deliberate 22 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.) 23 24 Defendant also filed a Notice of Lodging Deposition Transcript, which included a true and correct 25 copy of the entire transcript of the deposition taken of Plaintiff on September 16, 2022. (ECF No. 26 61.) 27 28 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 1 Case 1:21-cv-00086-ADA-BAM Document 62 Filed 01/17/23 Page 2 of 2 1 record of the action absent order of the Court. Pertinent portions of the deposition intended to 2 become part of the official record shall be submitted as exhibits in support of a motion or 3 otherwise.” L.R. 133(j) (citation omitted). 4 As the Court has not ordered that the entire deposition transcript become part of the 5 official record, the Court has sealed Defendant’s notice of lodging to prevent public access to the 6 transcript in question. Defendant is instructed to refile the notice of lodging and to submit the 7 deposition transcript, all in compliance with Local Rule 133(j). The Court notes that an electronic 8 copy of the transcript, submitted to bamorders@caed.uscourts.gov, is preferred. 9 Accordingly, IT IS HEREBY ORDERED that within seven (7) days from the date of 10 service of this order, Defendant shall refile the notice of lodging and submit a courtesy copy of 11 the transcript of Plaintiff’s September 16, 2022 deposition, all in compliance with Local Rule 12 133(j). 13 14 15 16 IT IS SO ORDERED. Dated: /s/ Barbara January 13, 2023 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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