Wang v. Nebraska Public Power District

Filing 54

ORDER - This matter is before the court in relation to the plaintiff's January 26, 2015, notice indicating his request for the court to consider a Nuer interpreter. See Filing No. 51 . The court will resolve the issues related to the defenda nt's February 9, 2015, Motion in Limine to exclude five of the plaintiff's witnesses at the conclusion of briefing for that motion. See Filing No. 52 . However, the witnesses who are subject to the motion are witnesses who may need a l anguage interpreter for trial in this matter. Generally, in civil proceedings not initiated by the government, the parties are responsible for securing their own interpreters. 28 U.S.C. § 1827; see Guide to Judicial Policy, Vol. 5, Ch. 2,
67; 260. The rule is the same for parties represented by counsel and for pro se parties, even those proceeding in forma pauperis. Only under "limited circumstances when no other options are available" is the judiciary allowed to provide i nterpreter services with a prepayment of the estimated expense or "on a cost-reimbursable basis." 28 U.S.C. § 1827(g)(4); Guide, Vol. 5, Ch. 2, § 265. To the extent the plaintiff's January 26, 2015, notice, indicating his re quest for the court to consider a Nuer interpreter, constitutes a motion to make a Nuer interpreter available for use at trial without cost to the plaintiff, the motion is denied, without prejudice. The plaintiff fails to show circumstances prese nt authorize the court to provide such services. In any event, if either party seeks to locate or employ a qualified interpreter for trial, the Nebraska Supreme Courts website lists interpreter coordinators for the states judicial branch: https://s upremecourt.nebraska.gov/4859/interpreter-project/index.shtml?sub10= Additionally, if either party is otherwise unable to locate a well-qualified court interpreter, either may contact Laura Garca-Hein, JD, LLM, Federal Court Certified Interpreter, at [phone], for additional assistance. IT IS SO ORDERED. Ordered by Magistrate Judge Thomas D. Thalken. (Copy e-mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

NIT WANG,
Plaintiff,

4:13CV3161

vs.
ORDER
NEBRASKA PUBLIC POWER
DISTRICT,
Defendant.
This matter is before the court in relation to the plaintiff’s January 26, 2015,
notice indicating his request for the court to consider a Nuer interpreter. See Filing No.
51.

The court will resolve the issues related to the defendant’s February 9, 2015,

Motion in Limine to exclude five of the plaintiff’s witnesses at the conclusion of briefing
for that motion. See Filing No. 52. However, the witnesses who are subject to the
motion are witnesses who may need a language interpreter for trial in this matter.
Generally, in civil proceedings not initiated by the government, the parties are
responsible for securing their own interpreters. 28 U.S.C. § 1827; see Guide to Judicial
Policy, Vol. 5, Ch. 2, § 260. The rule is the same for parties represented by counsel
and for pro se parties, even those proceeding in forma pauperis. Only under “limited
circumstances when no other options are available” is the judiciary allowed to provide
interpreter services with a prepayment of the estimated expense or “on a costreimbursable basis.” 28 U.S.C. § 1827(g)(4); Guide, Vol. 5, Ch. 2, § 265.
To the extent the plaintiff’s January 26, 2015, notice, indicating his request for the
court to consider a Nuer interpreter, constitutes a motion to make a Nuer interpreter
available for use at trial without cost to the plaintiff, the motion is denied, without
prejudice.

The plaintiff fails to show circumstances present authorize the court to

provide such services.
In any event, if either party seeks to locate or employ a qualified interpreter for
trial, the Nebraska Supreme Court’s website lists interpreter coordinators for the state’s
judicial branch:
https://supremecourt.nebraska.gov/4859/interpreter-project/index.shtml?sub10=

Additionally, if either party is otherwise unable to locate a well-qualified court
interpreter, either may contact Laura García-Hein, JD, LLM, Federal Court Certified
Interpreter, at [phone], for additional assistance.

IT IS SO ORDERED.
Dated this 11th day of February, 2015.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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