Barrett v. Negrete, et al

Filing 218

ORDER Striking 217 Defendant's Notice of Order. Signed by Judge M. James Lorenz on 2/8/2010.(mjj) (jrl).

1 2 3 4 5 6 7 8 9 10 11 STEPHEN J. BARRETT, 12 13 v. 14 CARLOS F. NEGRETE, HULDA CLARK, dba NEW CENTURY PRESS, 15 Defendants. 16 17 Plaintiff, ) ) ) ) ) ) ) ) ) ) ) Civil No. 02-CV-2210-L (CAB) ORDER STRIKING DEFENDANT'S NOTICE OF ORDER [doc. #217] UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Defendant Carlos Negrete filed "notice of ruling and trial setting" after a status

18 conference in this case. In his filing he states that the "Court ruled as follows" and the Court 19 "also commented" about certain issues. Negrete's filing is inappropriate and will be stricken 20 from the record. Only the Court enters written orders. When a hearing is on the record, the 21 Reporter's Transcript of Proceedings is the official statement of rulings in the absence of a 22 separate order by the Court. Counsel therefore is not permitted to indicate or summarize what 23 the Court's rulings are. Additionally, it is highly improper for counsel to suggests in a filing 24 what the Court's comments were. The Court's comments are found solely in the Transcript of 25 Proceedings. 26 Also, Civil Local Rule 77.3 states that "[i]mmediately upon the entry of an order or

27 judgment in an action within the Electronic Filing System, the Clerk will transmit to filing users 28 a Notice of Electronic Filing." In other words, it is the obligation of the Clerk to give notice of
02CV2210

1 orders, not counsel. 2 Based on the foregoing, defendant's notice of ruling and trial setting is STRICKEN from

3 the record. [doc. #217] 4 IT IS SO ORDERED.

5 DATED: February 8, 2010 6 7 8 COPY TO: 9 HON. CATHY ANN BENCIVENGO UNITED STATES MAGISTRATE JUDGE 10 11 ALL COUNSEL/PARTIES 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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M. James Lorenz United States District Court Judge