Anderson v. Dzurenda

Opinion

5 * * *

6 JOSEPH M. ANDERSON, Case No. 3:18-cv-00426-MMD-CLB

7 Plaintiff, ORDER v. 8 JAMES DZURENDA, et al., 9 Defendants. 10 11 This is a civil rights case involving Plaintiff Joseph M. Anderson, who is in the 12 custody of the Nevada Department of Corrections. On March 13, 2020, United States 13 Magistrate Judge Carla L. Baldwin conducted a discovery hearing (the “Hearing”) that was 14 memorialized in minutes of proceedings (the “Minutes”) (ECF No. 157). Before the Court 15 is Plaintiff’s objection to the Minutes as inaccurate and a request for transcripts of the 16 Hearing.1 (ECF No. 159.) As discussed further below, the Court overrules Plaintiff’s 17 objection and denies the request as moot.2 18 According to the Minutes, Plaintiff attended the Hearing by telephone and agreed 19 to withdraw his motions to compel (“MTCs”) (ECF Nos. 123, 124, 125) and conceded that 20 he failed to meet and confer regarding said motions. (ECF No. 157 at 1-2.) Plaintiff now 21 objects that he never withdrew his MTCs, he in fact met and conferred with opposing 22 counsel, and he never agreed with the scope of discovery outlined in the Minutes. (ECF 23 /// 24 /// 25

26 1Plaintiff has also filed the same document as a separate Motion – Request for Transcripts of the Hearing (3/13/2020). (ECF No. 160.) Because LR IC 2-2(b) requires that 27 a party file a separate document for each type of relief sought, the Court will construe ECF No. 159 as an objection to the Minutes and ECF No. 160 as a request for transcripts. 28 2The Court has also reviewed Defendants’ responses. (ECF Nos. 161.) 1 || No. 159 at 1-3.) To support his objection, Plaintiff also requests transcripts of the Hearing 2 || at the expense of Defendants or the Court?. (ECF No. 160 at 1, 4.) 3 However, Plaintiff's objection is untimely. Under LR IB 3-1,* Plaintiff must file his 4 || objection to the Minutes by March 27, 2020, 14 days after service of the Minutes on March 5 || 13, 2020 (ECF No. 157). Instead, Plaintiff filed his objection and request on April 6, 2020— 6 || 10 days past the deadline. (ECF Nos. 159, 160.) The Court therefore overrules Plaintiff's 7 || objection as untimely and denies his request for transcripts as moot. 8 The Court notes that the parties made several arguments and cited to laws not 9 || discussed above. The Court has reviewed these arguments and laws and determines that 10 || they do not warrant discussion as they do not affect the outcome of the objection and 11 || request before the Court. 12 It is further ordered that Plaintiff's objection (ECF No. 159) to Judge Baldwin’s 13 || minutes is overruled. 14 It is further ordered that Plaintiff's motion requesting transcripts of the Hearing (ECF 15 || No. 160) is denied as moot. 16 DATED THIS 229 day of April 2020. — / f 17 At MARA AM. DU 18 CHIEF UNITED STATES DISTRICT JUDGE 19 20 21 3Moreover, the Court cannot grant the requested relief even if it is not rendered moot by the untimeliness of the objection. Plaintiff is not entitled to shift the cost of the 22 || proceedings to Defendants by asking that Defendants pay for the cost of the transcripts. Nor can the Court use public funds to pay for the transcripts, The 9th Circuit has held that 23 || 28 U.S.C. § 1915 does not authorize waiver of payments or fees of expenses for certain trial proceedings. Tedder v. Odol, 890 F.2d 210, 211 (9th Cir. 1989) (citing Johnson v 24 || Hubbard, 698 F.2d 286, 289 (6th Cir. 1983), cert. denied, 464 U.S. 917 (1983) (court in dicta referred to transcripts as part of trial proceedings that the “constitution does not 25 || require a court, or in practical terms, the federal government, to pay for at the request of the indigent party.”) 26 ‘Because the Minutes involved a discovery-related pretrial matter, LR IB 3-1 27 || applies. See Middleton v. Omely Telecom Corp., No. 2:16-cv-1369-JAD-GWF, 2017 WL 5559913, at *1 (D. Nev. Nov. 16, 2017) (“Consent is not required for a magistrate judge to 28 || resolve the pretrial issues contemplated by [28 U.S.C.] § 636(b)(1)(A), like . . . resolving discovery-related issues.”).