Ashker et al v. Schwarzenegger et al
Filing
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ORDER by Judge Claudia Wilken DENYING PLAINTIFFS 27 MOTION FOR TAPED DEPOSITIONS AS PREMATURE. (ndr, COURT STAFF) (Filed on 5/5/2011)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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TODD ASHKER and DANNY TROXELL,
No. 09-05796 CW
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Plaintiffs,
ORDER DENYING
PLAINTIFFS’
MOTION FOR TAPED
DEPOSITIONS AS
PREMATURE
(Docket No. 27)
United States District Court
For the Northern District of California
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v.
EDMUND G. BROWN, JR., et al.,
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Defendants.
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Pro-se Plaintiffs Todd Ashker and Danny Troxell, inmates at
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Pelican Bay State Prison (PBSP), move for the Court to order
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Defendants to allow Plaintiffs to depose two witnesses via audio-
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tape rather than with a stenographer.
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on the ground that it is premature and that it would be burdensome
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for Defendants.
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Defendants oppose the motion
Rule 26 of the Federal Rules of Civil Procedure provide the
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procedures and timing for discovery in civil cases.
However, Rule
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26(a)(1)(B)(iv) exempts from the discovery rules pro-se actions
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brought by persons in custody of the state.
Therefore, this case
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is exempt from the requirements of Rule 26.
Because Defendants in
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this case have just been served and the time to answer the
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complaint has not yet elapsed, a request for depositions is
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premature.
Therefore, Plaintiffs’ motion for audio-taped
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depositions is dismissed without prejudice to re-filing at the
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appropriate time.
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IT IS SO ORDERED.
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Dated: 5/5/2011
CLAUDIA WILKEN
United States District Judge
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United States District Court
For the Northern District of California
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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
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TODD ASHKER et al,
Case Number: CV09-05796 CW
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Plaintiff,
CERTIFICATE OF SERVICE
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v.
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ARNOLD SCHWARZENEGGER et al,
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Defendant.
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United States District Court
For the Northern District of California
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court,
Northern District of California.
That on May 5, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies)
in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in
the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's
office.
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Danny Troxell
Pelican Bay State Prison
B76578
P.O. Box 7500
D1-120
Crescent City, CA 95532
Todd Ashker C58191
Pelican Bay State Prison
P.O. Box 7500
D1-SHU
Crescent City, CA 95532
Dated: May 5, 2011
Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk
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