Wynn v. Cate et al
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/03/11 ordering plaintiff's motion to be provided a copy of his deposition transcript 17 is denied. Defendants' motion to modify the scheduling order 20 is granted, and their 10/24/11 motion for summary judgment is deemed timely filed. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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THOMAS PAUL WYNN,
Plaintiff,
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No. CIV S-10-0546 EFB P
vs.
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MATTHEW CATE, et al.,
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Defendants.
/
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ORDER
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42
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U.S.C. § 1983. Plaintiff has filed a motion requesting a copy of his deposition transcript. Dckt.
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No. 17. Plaintiff argues that he has a right to review the transcript to correct errors, that he
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should be provided a copy of the deposition transcript at a reasonable cost, and that if defendants
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use portions of his deposition in a dispositive motion or at trial, a complete copy of the transcript
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be included in the record.
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Fed. R. Civ. P. 30(e) provides, “Upon request by the deponent or a party before the
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deposition is completed, the deponent must be allowed 30 days . . . to review the transcript.”
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Plaintiff does not contend that he requested to review the transcript before the deposition was
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completed. Defendants have submitted a declaration by the attorney who took plaintiff’s
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deposition declaring that plaintiff did not request to review his deposition transcript prior to the
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completion of the deposition. See Dckt. No. 19. Because plaintiff did not request to review the
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transcript prior to the completion of the deposition, he is not entitled to review the transcript
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under Rule 30(e).
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However, under Rule 30(f)(3), plaintiff is entitled to a copy of the transcript for a
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reasonable fee. Plaintiff states that he was not provided a copy of the stenographer’s business
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card and thus was unable to request a copy of the transcript. Defendants have provided contact
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information for the stenographer. See Dckt. No. 18 at 3. Plaintiff may request a copy of the
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transcript directly from the stenographer.
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Finally, defendants have filed their motion for summary judgment. See Dckt. No. 21.
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The motion does not rely on or mention plaintiff’s deposition. Plaintiff’s request that if
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defendants use portions of his deposition in a dispositive motion or at trial, a complete copy of
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the transcript be included in the record, is therefore premature and is denied as unnecessary.
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Finally, on September 29, 2011, defendants filed a motion to modify the scheduling order
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to extend the deadline for the parties to file dispositive motions. Defendants then filed their
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motion for summary judgment on October 24, 2011. Good cause appearing, defendants motion
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to modify the scheduling order is granted, and their motion for summary judgment is deemed
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timely filed.
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Accordingly, it is hereby ORDERED that:
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1. Plaintiff’s motion to be provided a copy of his deposition transcript is denied.
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2. Defendants’ motion to modify the scheduling order is granted, and their October 24,
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2011 motion for summary judgment is deemed timely filed.
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DATED: November 3, 2011.
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