Ashker et al v. Schwarzenegger et al

Filing 36

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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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 TODD ASHKER and DANNY TROXELL, No. 09-05796 CW 9 Plaintiffs, ORDER DENYING PLAINTIFFS’ MOTION FOR TAPED DEPOSITIONS AS PREMATURE (Docket No. 27) United States District Court For the Northern District of California 10 11 v. EDMUND G. BROWN, JR., et al., 12 Defendants. / 13 14 15 Pro-se Plaintiffs Todd Ashker and Danny Troxell, inmates at 16 Pelican Bay State Prison (PBSP), move for the Court to order 17 Defendants to allow Plaintiffs to depose two witnesses via audio- 18 tape rather than with a stenographer. 19 on the ground that it is premature and that it would be burdensome 20 for Defendants. 21 Defendants oppose the motion Rule 26 of the Federal Rules of Civil Procedure provide the 22 procedures and timing for discovery in civil cases. However, Rule 23 26(a)(1)(B)(iv) exempts from the discovery rules pro-se actions 24 brought by persons in custody of the state. Therefore, this case 25 is exempt from the requirements of Rule 26. Because Defendants in 26 this case have just been served and the time to answer the 27 complaint has not yet elapsed, a request for depositions is 28 premature. Therefore, Plaintiffs’ motion for audio-taped 1 depositions is dismissed without prejudice to re-filing at the 2 appropriate time. 3 4 IT IS SO ORDERED. 5 6 Dated: 5/5/2011 CLAUDIA WILKEN United States District Judge 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 3 TODD ASHKER et al, Case Number: CV09-05796 CW 4 Plaintiff, CERTIFICATE OF SERVICE 5 v. 6 ARNOLD SCHWARZENEGGER et al, 7 Defendant. 8 9 United States District Court For the Northern District of California 10 11 12 / 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. 13 14 15 16 17 18 19 20 21 22 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 23 24 25 26 27 28 3

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