Cochrane v. Las Vegas Metropolitan Police Department et al

Filing 48

MINUTE ORDER - P's # 28 Motion to attach additional exhibits is DENIED without prejudice. P's # 29 Motion for Additional Copy Work is GRANTED. P shall be granted $25.00 for additional copy work and legal supplies. ( copy mailed to ND OC Inmate Services on 3/27/2012 ) P's # 33 Motion for ruling is DENIED as moot. P's # 40 Motion for default judgment is DENIED. Ds' # 44 Motion to depose incarcerated person is GRANTED. Signed by Magistrate Judge William G. Cobb on 3/27/2012. (Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
TERRY R. COCHRANE,

)
)
Plaintiff,
)
)
vs.
)
)
LAS VEGAS METROPOLITAN POLICE )
DEPARTMENT, et al.,
)
)
Defendants.
)
___________________________________ )

3:11-cv-00092-LRH-WGC
MINUTES OF THE COURT
March 27, 2012

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

JENNIFER COTTER

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court are plaintiff Terry Cochrane’s “Motion Requesting Permission to Attach
Additional Exhibits” (Doc. #28), “Motion Requesting a Court Order for Additional Legal Supplies
and Copy Work” (Doc. #29), motion entitled “Request for Ruling on Doc. #29” (Doc. #33), and a
motion entitled “Declaration for Entry of Default” (Doc. #40). Additionally before the court is
defendants Las Vegas Metropolitan Police Department, et al.’s Motion for Leave to Take Deposition
of Incarcerated Person (Doc. #44). The Court will address these filings in the order discussed above.
I. Motion Requesting Permission to Attach Additional Exhibits (Doc. #28)
Plaintiff’s Motion Requesting Permission to Attach Additional Exhibits (Doc. #28)
apparently seeks to file twelve documents as evidence in support of his underlying claim. However,
the Court is at a loss what it is exactly it is plaintiff is seeking. The “motion” seemingly is made to
be used as “supporting evidence. To be used as exhibits to support his claim.” (Id. at 1.) Whether
these “exhibits” are intended to support a claim at trial or in some pretrial motion is unclear. In its
present format, plaintiff’s motion (Doc. #28) is DENIED without prejudice to be renewed, if at all,
in compliance with the Federal Rules of Civil Procedure and the Local Rules of Practice.

MINUTES OF THE COURT
3:11-cv-00092-LRH-WGC
Date: March 27, 2012
Page 2
II. Motion For Additional Copywork & Request For Ruling on Doc. #29 (Docs. #29 & 33)
Plaintiff’s Motion for Additional Copy Work (Doc. #29) is GRANTED. Mr. Cochrane shall
be granted $25.00 for additional copy work and legal supplies. As a result, plaintiff’s Motion
Requesting a Ruling on Doc. #29 (Doc. #33) is DENIED as moot.
III. Motion for Entry of Default Judgment (Doc. #40)
Plaintiff seeks an entry of default on the basis “that more than 20 days have elapsed since the
date on which the defendants were served.” (Doc. #40 at 1.) In this case, entering default judgment
is inappropriate because defendants timely filed their answer with the court. (Doc. # 36.) Plaintiff
did not receive a copy of defendants’ answer because plaintiff was apparently transferred and
defendants were not given his new address. Among the factors the court must consider when
determining if an entry of default judgment is appropriate are whether default is largely technical and
whether plaintiff is prejudiced by delay. Rashidi v. Albright, 818 F. Supp. 1354, 1256 (D. Nev.
1993) affirmed by 39 F.3d 1188 (9th Cir. 1994). However regrettable, the error was merely clerical
and Mr. Cochrane was not prejudiced by the delay. Therefore, Mr. Cochrane’s Motion for Entry of
Default Judgment against defendants (Doc. #40) is DENIED.
IV. Motion for Leave to Take Deposition of Incarcerated Person (Doc. #44)
Defendants Las Vegas Metropolitan Police Department and Sgt. Swartwood’s motion seeks
leave of court to depose plaintiff pursuant to FRCP Rule 30(a)(2). Good cause appearing,
defendants’ Motion for Leave to Take Deposition of Incarcerated Person (Doc. #44) is GRANTED.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

By:

/s/
Deputy Clerk