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Barrett v. Negrete

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


February 8, 2010

STEPHEN J. BARRETT, PLAINTIFF,
v.
CARLOS F. NEGRETE, HULDA CLARK, DBA NEW CENTURY PRESS, DEFENDANTS.

The opinion of the court was delivered by: M. James Lorenz United States District Court Judge

ORDER STRIKING DEFENDANT'S NOTICE OF ORDER [doc. #217]

Defendant Carlos Negrete filed "notice of ruling and trial setting" after a status conference in this case. In his filing he states that the "Court ruled as follows" and the Court "also commented" about certain issues. Negrete's filing is inappropriate and will be stricken from the record. Only the Court enters written orders. When a hearing is on the record, the Reporter's Transcript of Proceedings is the official statement of rulings in the absence of a separate order by the Court. Counsel therefore is not permitted to indicate or summarize what the Court's rulings are. Additionally, it is highly improper for counsel to suggests in a filing what the Court's comments were. The Court's comments are found solely in the Transcript of Proceedings.

Also, Civil Local Rule 77.3 states that "[i]mmediately upon the entry of an order or judgment in an action within the Electronic Filing System, the Clerk will transmit to filing users a Notice of Electronic Filing." In other words, it is the obligation of the Clerk to give notice of orders, not counsel.

Based on the foregoing, defendant's notice of ruling and trial setting is STRICKEN from the record. [doc. #217]

IT IS SO ORDERED.

HON. CATHY ANN BENCIVENGO UNITED STATES MAGISTRATE JUDGE

20100208

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