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Johnson v. Cate

United States District Court, Eastern District of California.

November 10, 2014

GARRISON S. JOHNSON, Plaintiff,
v.
CATE, et al., Defendants.

ORDER DENYING PLAINTIFF’S MOTION TO SUPPRESS DEPOSITION TRANSCRIPT(ECF NO. 87)

MICHAEL J. SENG, UNITED STATES MAGISTRATE JUDGE

Plaintiff is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. The action proceeds on an equal protection claim against Defendant Doran, Inmate Assignment Lieutenant at Kern Valley State Prison.

On July 11, 2014, the Court granted Defendant’s motion to take Plaintiff’s deposition by videoconference. The deposition took place on July 29, 2014.

Before the Court is Plaintiff’s October 10, 2014 motion to suppress and exclude the deposition transcript. Defendant opposes the motion. Plaintiff has filed a reply to the opposition. The matter is deemed submitted. Local Rule 230(l).

I. LEGAL STANDARDS

A deposition transcript may be reviewed and changed as follows:

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.

The officer must note in the certificate prescribed by Rule 30(f)(1) whether a review was requested and, if so, must attach any changes the deponent makes during the 30-day period.

Unless otherwise stipulated or ordered by the court, the officer must retain the stenographic notes of a deposition taken stenographically or a copy of the recording of a deposition taken by another method. When paid reasonable charges, the officer must furnish a copy of the transcript or recording to any party or the deponent.

Fed. R. Civ. P. 30(e)(1)(2).

The requirements for objection and suppression of a deposition transcript are as follows:

An objection to how the officer transcribed the testimony--or prepared, signed, certified, sealed, endorsed, sent, or otherwise dealt with the deposition--is waived unless a motion to suppress is made promptly after the error or irregularity ...


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