Kinkeade v. Beard et al

Filing 65

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/6/2017: Plaintiff's counsel's request to use a personal video camera during Defendant's deposition pursuant to Fed. R. Civ. P. 30(b)(3) is denied. (Owen, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARLOS KINKEADE, 12 Plaintiff, 13 14 No. 2:15-cv-1375 TLN CKD P v. ORDER JEFFERY BEARD, et al, 15 Defendants. 16 Counsel for the parties in the above-entitled civil rights action requested an informal 17 18 telephone conference with the undersigned in order to resolve a discovery dispute concerning 19 plaintiff’s counsel’s use of a video camera during defendant’s deposition. Defendant objected 20 because the videotape could not be properly authenticated at trial without making plaintiff’s 21 counsel a witness. After hearing argument from both sides, the court finds defendant’s objection 22 to be well-taken and plaintiff’s authority cited during the conference call to be irrelevant to the 23 ultimate admissibility issue. See Fed. R. Evid. 901(b)(1). Plaintiff’s counsel failed to address the 24 foundational problems in admitting the videotape as evidence at trial. The court finds that the 25 potential cost savings cited by plaintiff’s counsel as a reason for videotaping the deposition is not 26 an adequate basis to warrant the use of this recording method, especially since the deposition will 27 also be transcribed by a certified court reporter. 28 ///// 1 Accordingly, IT IS HEREBY ORDERED that plaintiff’s counsel’s request to use a 1 2 personal video camera during defendant’s deposition pursuant to Fed. R. Civ. P. 30(b)(3) is 3 denied. 4 Dated: June 6, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 12/kink1375.discoorder.docx 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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