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Alex Lamota Marti v. F. Padilla

February 7, 2012

ALEX LAMOTA MARTI,
PLAINTIFF,
v.
F. PADILLA, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER DENYING PLAINTIFF'S MOTION TO STRIKE DEPOSITION, AND DENYING PLAINTIFF'S MOTION FOR STAY (Doc. 210.)

ORDER FOR DEFENDANTS TO SERVE PLAINTIFF WITH COPY OF DEPOSITION TRANSCRIPT WITHIN TWENTY DAYS (Doc. 175.)

ORDER FOR PLAINTIFF TO FILE

DECLARATION WITHIN FORTY-FIVE DAYS, AS INSTRUCTED BY THIS ORDER ORDER FOR DEFENDANTS TO NOTIFY COURT WITHIN THIRTY DAYS IF SETTLEMENT CONFERENCE WOULD BE BENEFICIAL

I. BACKGROUND

Alex Marti ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on January 12, 2007. (Doc. 1.) This action now proceeds on the Amended Complaint filed by Plaintiff on July 9, 2007, against twenty-two defendants ("Defendants"), on Plaintiff's claims for retaliation in violation of the First Amendment. (Doc. 20.)

On July 29, 2010, Defendants filed a motion for summary judgment and lodged Plaintiff's deposition transcript with the Court. (Docs. 173, 175.) On June 14, 2011, Plaintiff filed a motion to strike the deposition from the record. (Doc. 210.) On January 12, 2012, Defendants filed a response. (Doc. 235.) On January 25, 2012, Plaintiff filed a reply. (Doc. 237.)

Plaintiff's motion to strike is now before the Court.

II. MOTION TO STRIKE

"The district court is given broad discretion in supervising the pretrial phase of litigation." Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir.1992) (citation and internal quotation marks omitted). Plaintiff brings a motion to strike his deposition from the record, on the ground that Defendants failed to comply with Rule 30(e) of the Federal Rules of Civil Procedure, which provides:

(1) Review; Statement of Changes. On request by the deponent or a party before the deposition is completed, the deponent must be allowed 30 days after being notified by the officer that the transcript or recording is available in which:

(A) to review the transcript or recording; and

(B) if there are changes in form or substance, to sign a statement listing the changes and the reasons for making them.

(2) Changes Indicated in the Officer's Certificate. The officer must note in the certificate prescribed by Rule 30(f)(1) whether a review was requested and, if so, must attach any ...


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