Cross v. Jaeger et al

Filing 225

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 9/14/2015, granting Plaintiff's 221 Motion and directing Defendant to submit the audio CD to the Clerk, marked as "Plaintiff's Exhibit L," referencing Plaintiff's 222 Motion for Summary Judgment and this order. (Copies have been distributed pursuant to the NEF - KR)

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
September 14, 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 Requesting Defendant to Produce the Recording of the
Disciplinary Hearing as Plaintiff’s Exhibit “L” in Support of Plaintiff’s Motion for Summary
Judgment. (ECF No. 221.)
As noted in the motion, Plaintiff previously sought production of his Disciplinary Hearing
Recording (ECF No. 73). Defendant submitted a limited opposition to the production because
“Plaintiff [had] failed to identify any pending motion that he wants to use the exhibit for.” Defendant
continued on to state that the Defendant would not object to producing the “audio CD” if Plaintiff
could identify a specific motion to which the recording would apply. (ECF No. 83.)
The court agreed with Defendant’s analysis. Because there was no motion or other matter
pending for which the recording would be relevant, and because the court clerk cannot act as a
general repository for documents, the court denied Plaintiff’s motion. (ECF No. 103.)
Plaintiff’s pending motion states he now requests the submission of the recording to
substantiate his motion for summary judgment. He requests Defendant to produce the recording as
Plaintiff’s Exhibit L.

MINUTES OF THE COURT
3:13-cv-00433-MMD-WGC
Date: September 14, 2015
Page 2
In view of Defendant’s prior statement that Defendant would not oppose a request to submit
the audio CD if it pertained to a pending motion, and in view of the Plaintiff’s representation that
the audio CD would pertain to his motion for summary judgment, Plaintiff’s motion (ECF No. 221)
is GRANTED. Defendant shall submit the audio CD to the Clerk of the Court, marked as
“Plaintiff’s Exhibit L,” referencing Plaintiff’s motion for summary judgment (ECF No. 222) and this
Order.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

By:

/s/
Deputy Clerk