Cross v. Jaeger et al

Filing 103

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 2/24/2015, denying 73 Motion for Order Directing Defendant to Submit the Disciplinary Haring/recording OIC # 335778 as an Exhibit on Behalf of Plaintiff. (Copies have been distributed pursuant to the NEF - JC) (Main Document 103 replaced on 2/24/2015) (JC).

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

ANTHONY CROSS,

)
)
Plaintiff,
)
)
vs.
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RON JAEGER, et al.,
)
)
Defendants
)
________________________________________)

3:13-cv-00433-MMD-WGC
MINUTES OF THE COURT
February 24, 2015

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

KATIE LYNN OGDEN REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is Plaintiff’s “Motion for Order Directing Defendant to Submit the
Disciplinary Hearing /recording OIC # 335778 as an Exhibit on Behalf of Plaintiff.” (Doc. # 73.)
Defendant Jaeger has responded (Doc. # 83) and Plaintiff has replied (Doc. # 90).
As is reflected in the caption of Plaintiff’s motion, Plaintiff seeks to have the court order the
Defendant to submit the recording of the disciplinary proceeding as an exhibit in order “to prove his
case.” (Doc. # 73 at 1). While Defendant does not oppose submitting the recording to the court, the
Defendant argues it is inappropriate to submit exhibits to the court when there is no motion or other
matter pending for which the recording would be relevant. (Doc. # 83 at 1-2).
Defendant is correct. The court clerk cannot act as a repository for documents, or as
Defendant describes it, as a “custodian of exhibits.” (Id). Plaintiff states he has “right to develop his
own record.” (Doc. # 90 at 2). Plaintiff is correct – but only with respect to the pendency of a motion
(e.g., a motion for summary judgment) or other filing (e.g., Pre-Trial Order). As the recording is not
identified as an exhibit to a motion which was pending when Plaintiff’s motion was filed (12/24/14),
Plaintiff’s motion (Doc. # 73) is DENIED.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

By:

/s/
Deputy Clerk