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Zapata v. Flintco

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 5, 2010

JOHN ZAPATA DBA ZAPATA COLLECTION, SERVICE, AN INDIVIDUAL, PLAINTIFF,
v.
FLINTCO, INC., AN OKLAHOMA CORPORATION, SAN JOAQUIN COMMUNITY COLLEGE DISTRICT, A POLITICAL SUBDIVISION AND JOHN DOE 1-25, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Presently before the court is plaintiff's request for permission to (1) file and serve documents in this matter via e-mail and in portable document format, or PDF; and (2) appear telephonically at hearings on motions in this case because he resides in Lincoln, Nebraska. (Dkt. No. 18.) Plaintiff is proceeding without counsel.

First, plaintiff requests that he be permitted to file and serve documents as PDF files via e-mail. The undersigned will deny plaintiff's request to file and serve documents in this manner, and plaintiff "shall file and serve paper documents as required by applicable Federal Rules of Civil or Criminal Procedure or by [the court's Local] Rules." Local Rule 133(b)(2).

Plaintiff acknowledges that as a pro se party, he may not use the court's electronic filing system without permission. Id. ("Any person appearing pro se may not utilize electronic filing except with the permission of the assigned Judge or Magistrate Judge...."). However, plaintiff may file a request for permission to use the court's Case Management / Electronic Case Files ("CM/ECF") system to effectuate electronic filing and service. See Local Rule 133(b)(2), (3). If plaintiff files such a request, the request for an exception to Local Rule 133(b)(2) shall conform to the requirements of Local Rule 133(b)(3), such that it either be in the form of a stipulation or, if a stipulation cannot be had, a written motion providing specific reasons in support of the exception. Any such request for an exception must also contain assurances that plaintiff will be able to follow the court's Local Rules regarding use of the CM/ECF system. In addition, any order granting permission to use the CM/ECF system will be subject to revocation.

Second, plaintiff requests that he be permitted to appear telephonically on all hearings in this matter.*fn1 The undersigned will deny plaintiff's request for a blanket order permitting telephonic appearances. However, plaintiff will be permitted to seek leave to appear via telephone on a hearing-by-hearing basis, and will be required to file and serve a written request with the reasons supporting the request and a proposed order.

For the reasons stated above, the court hereby ORDERS that:

1. Plaintiff's request to file and serve documents via e-mail with attached PDF files is denied, but plaintiff will be permitted to file a request for permission to use the court's CM/ECF system, as described above.

2. Plaintiff's request to appear telephonically on all motion hearings is denied, but plaintiff may formally seek permission to appear telephonically on a hearing-by-hearing basis and provide a proposed order with each such request, as described above.

IT IS SO ORDERED.


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