Furnace v. Knuckles et al
Filing
158
ORDER DENYING WITHOUT PREJUDICE DEFENDANTS' OBJECTIONS TO MAGISTRATE JUDGE LAPORTES AUGUST 3, 2012 ORDER. Signed by Judge Maxine M. Chesney on August 24, 2012. (mmclc1, COURT STAFF) (Filed on 8/24/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
United States District Court
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ORDER DENYING WITHOUT
PREJUDICE DEFENDANTS’
OBJECTIONS TO MAGISTRATE JUDGE
LAPORTE’S AUGUST 3, 2012 ORDER
Plaintiff,
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No. C 09-6075 MMC (PR)
EDWARD T. FURNACE,
v.
K. KNUCKLES, et al.,
Defendants
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Before the Court is defendants’ Motion for Relief from Nondispositive Pretrial Order
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of Magistrate Judge (“Objections”), filed August 16, 2012, by which defendants object to
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Magistrate Judge Elizabeth D. Laporte’s order of August 3, 2012, to the extent such order
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directs defendants to produce to plaintiff a video-recorded interview of non-party inmate
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Timothy Jones and audio-recorded interviews with correctional officers.
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Defendants’ Objections are based on evidence not previously submitted to
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Magistrate Judge Laporte, specifically, (1) a declaration of Joseph Rosa, (2) an exhibit filed
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in connection with defendants’ motion for summary judgment, and (3) a civil rights case
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filed by Timothy Jones pending before another judge. As a consequence, defendants’
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Objections are, in essence, a motion for reconsideration based on newly-offered evidence.
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Accordingly, defendants’ Objections are hereby DENIED, without prejudice to
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defendants’ filing a motion for leave to file a motion for reconsideration, to be presented to
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Magistrate Judge Laporte. See Civil L.R. 7-9(b)(2).
IT IS SO ORDERED.
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Dated: August 24, 2012
MAXINE M. CHESNEY
United States District Judge
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