Leonard v. Thompson et al

Filing 50

ORDER signed by Magistrate Judge Deborah Barnes on 2/27/2019 ORDERING counsel for defendants shall comply with Local Rule 133(j) and submit a courtesy copy of the deposition transcript or email an electronic copy of the transcript to [e-mail] no later than 3/7/2019. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FREDERICK E. LEONARD,

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No. 2:16-cv-2767 DB P

Plaintiff,
v.

ORDER

M. THOMPSON, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action. Plaintiff alleges an

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Eighth Amendment claim of failure to protect and a claim that his due process rights were

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violated in a disciplinary hearing. Each defendant has filed a motion for summary judgment

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(ECF Nos. 41, 42), plaintiff has filed a cross motion and response to defendants’ motions (ECF

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No. 46), and defendants have each filed a response (ECF Nos. 47, 48).

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Defendant Thompson relies on plaintiff’s February 23, 2018 deposition in his response to

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plaintiff’s cross-motion for summary judgment and produced a portion of the deposition to

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support its contention. (ECF No. 47-1 at 1, 18.) Defendants stated that a deposition transcript

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was electronically submitted to the undersigned’s chambers and a copy was also served on

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plaintiff. (ECF Nos. 41-7, 42-6.)

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Local Rule 133(j) provides in part that “counsel relying on a deposition shall ensure that a

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courtesy hard copy of the entire deposition so relied upon has been submitted to the Clerk for use

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in chambers. Alternatively, counsel relying on a deposition may submit an electronic copy of the
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deposition in lieu of the courtesy paper copy to the e-mail box of the Judge or Magistrate Judge

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and concurrently email or otherwise transmit the deposition to all other parties.” There is no

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record indicating a courtesy copy was submitted to the court and the undersigned has not received

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an electronic copy of the deposition. Accordingly, counsel for defendant will be directed to

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provide the court with a copy of the entire deposition transcript.

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IT IS HEREBY ORDERED that counsel for defendants shall comply with Local Rule

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133(j) and submit a courtesy copy of the deposition transcript or email an electronic copy of the

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transcript to [e-mail] no later than March 7, 2019.

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Dated: February 27, 2019

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DLB:12
DB/orders/prisoner-civil rights/leon2767.depo.trans

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