Lopez v. Krieg, et al.

Filing 104

ORDER signed by Magistrate Judge Allison Claire on 05/24/16 ordering plaintiff's motion filed 5/20/16 103 is denied. As a 1 time courtesy, defense counsel is directed to re-serve on plaintiff by mail within 14 days after the filing date of this order, a duplicate copy of the entire declaration and exhibit filed with the court on 4/15/16, and identified on the docket as ECF 97 . (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD LOPEZ,

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No. 2:13-cv-1176 KJM AC P

Plaintiff,

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v.

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J. KRIEG, et al.,

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ORDER

Defendants.

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Plaintiff has filed a “Motion Requesting Defendants To Clarafy (sic) Contents Of Legal

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Material Sent April 15, 2016.” See ECF No. 103. Plaintiff seeks clarification from Deputy

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Attorney General (DAG) S. Snyder, who represents defendants, as to the content of documents

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served on plaintiff by mail on April 15, 2016. Plaintiff avers that he received these documents,

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designated confidential legal mail, in a fully-opened envelope on April 22, 2016, and expresses

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concern that the material he received is incomplete.
The subject material, designated “Submittal Of Plaintiff’s Deposition Transcript And

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Declaration Of S. Snyder In Support Of Defendants’ Motion For Summary Judgment,” is

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comprised of a two-page declaration by DAG Snyder, and one exhibit, entitled Exhibit 1, which

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is the 77-page transcript of plaintiff’s November 9, 2015 deposition. The entire document,

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including the certificate of service, is 80 pages in length. See ECF No. 97.

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Plaintiff’s concerns are inappropriately presented in a motion to this court. Plaintiff’s

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inquiry should have been made directly to DAG Snyder. As a one-time courtesy, the court will

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request that DAG Snyder re-serve plaintiff with the subject material. However, plaintiff is

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cautioned that similar matters must, in the future, be addressed directly with defense counsel.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion filed May 20, 2016, ECF No. 103, is DENIED.

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2. As a one-time courtesy, defense counsel is directed to re-serve on plaintiff by mail,

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within fourteen days after the filing date of this order, a duplicate copy of the entire declaration

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and exhibit filed with the court on April 15, 2016, and identified on the docket as ECF No. 97.

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DATED: May 24, 2016

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