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Janoe v. Stone

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 19, 2010

BOBBY SHAWN JANOE, PLAINTIFF,
v.
DEE STONE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. William V. Gallo U.S. Magistrate Judge

ORDER DENYING PLAINTIFF'S EX PARTE APPLICATION FOR COURT ORDER TO PRODUCE MISSING PAGES FROM DEPOSITION (DOC. # 91) ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR CONTINUANCE OF TIME TO FILE OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. # 92) ORDER VACATING PRETRIAL DATES

On December 23, 2009, Plaintiff Bobby Shawn Janoe (hereafter "Plaintiff") filed an Ex Parte Application For Court Order To Produce Missing Pages From Deposition (hereafter "Motion Regarding Deposition"). On January 5, 2010, Defendants filed an Opposition to the Motion Regarding Deposition.

On January 4, 2010, Plaintiff also filed an Ex Parte Application For Continuance of Time To File Opposition Brief To Defendants' Motion For Summary Judgment. Defendants do not oppose the Motion.

The Court, having reviewed Plaintiff's Ex Parte Applications, Defendants' Opposition to the Motion Regarding Deposition, and GOOD CAUSE APPEARING, HEREBY ORDERS:

Motion Regarding Deposition

Plaintiff states that included with Defendants' Motion for Summary Judgment (filed on December 9, 2009), are selected pages of his deposition. He contends that Defendants should provide him with copies of the "missing pages" of the deposition which Defendants did not provide to the Court or to him.*fn1 Plaintiff believes that he needs the "missing pages" of his deposition in order to oppose Defendants' Motion for Summary Judgment.

Defendants argue that they are not obligated to send copies of the "missing pages" of Plaintiff's deposition to Plaintiff. Defendants assert that if Plaintiff wants copies of the "missing pages," he can contact the court reporter who recorded the deposition and purchase from the court reporter his entire deposition and/or the pages of the deposition that he seeks.

Fed. R. Civ. P. 32(a)(6) states:

Using Part of Deposition. If a party offers in evidence only part of a deposition, an adverse party may require the offeror to introduce other parts that in fairness should be considered with the part introduced, and any party may itself, introduce any other parts.

Plaintiff bears the burden of demonstrating to the Court why he needs the missing pages of his deposition. See fn.1 Here, Plaintiff fails to show why "in fairness (the 'missing pages' of his deposition) should be considered with the part (of his deposition) introduced" by Defendants in the Motion for Summary Judgment. Fed. R. Civ. P. 32(a)(6).

As a result, Plaintiff's Motion Regarding Deposition is DENIED without prejudice.

Ex Parte Application For Continuance Of Time To File Opposition To Defendants' Motion for Summary Judgment

Plaintiff argues that he needs additional time to file an opposition to Defendants' Motion for Summary Judgment because he is waiting for copies of pages of his deposition as noted above, and that he has been unable to research relevant case law cited in Defendants' Motion for Summary Judgment. Defendants do not oppose Plaintiff's request for extension of time to file an opposition to their Motion for Summary Judgment. Defendants' counsel has informed the Court that he has provided Plaintiff with the case law that Plaintiff has been unable to research.

Since the date Plaintiff was required to file an opposition to Defendants' Motion for Summary Judgment passed while the motions discussed in this Order were pending, the Court ORDERS:

1. The date by which Plaintiff shall file an Opposition to Defendants' Motion for Summary Judgment is extended to February 19, 2010.*fn2

2. The date by which Defendants shall file a Reply to Plaintiff's Opposition is extended to March 1, 2010.

3. The hearing on Defendants' Motion for Summary Judgment, set for January 26, 2010, is VACATED.

4. All other dates noted in the Case Management Order, dated March 24, 2009, including the Pretrial Conference and Trial dates, are VACATED.


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