Free Response to Motion - District Court of Arizona - Arizona

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TERRY GODDARD Attorney General KELLEY J. MORRISSEY Assistant Attorney General State Bar No. 016158 1275 West Washington Phoenix, Arizona 85007-2926 Telephone: (602) 542-4951 Fax: (602) 542-7670 [email protected] Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF ARIZONA FELIPE J. MARTINEZ, Plaintiff, v. JAMES W. BAIRD, et al., Defendants. DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR ENLARGEMENT OF THE RESPONSIVE MEMORANDUM DEADLINE TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT No. CV 03-1729-PHX-RCB (LOA)

Defendants, Baird, Jones, Siers, and Macabuhay, respond to Plaintiff's "Motion for Enlargement of the Responsive Memorandum Deadline to Defendants Motion for Summary Judgement (First Request)" as follows: Defendants do not oppose Plaintiff's Motion for Enlargement. Defendants, however, oppose Plaintiff's request to provide him with a copy of his deposition transcript. The Federal Rules of Civil Procedure do not require that a copy of the deposition be sent to the party deposed. Rule 30(f)(2) of the Federal Rules of Civil Procedure clearly states that "Upon payment of reasonable charges therefore, the officer shall furnish a copy of the transcript or other recording of the deposition to

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any party or to the deponent." Therefore, Plaintiff must pay for a copy of his deposition. Furthermore, if Defendants were to provide Plaintiff with a free transcript, they would be defrauding the Court Reporter. Rule 30(f) also provides that "[u]nless otherwise ordered by the court, the officer shall . . . send [the deposition] to the attorney who arranged for the transcript or recording, who shall store it under conditions that will protect it against loss, destruction, tampering or deterioration." Id. The Federal Rules do not require that a copy of the deposition be sent to the party deposed. Rule 32(a)(4) states "If only part of a deposition is offered in evidence by a party, an adverse party may require the offeror to introduce any other part which ought in fairness to be considered with the part introduced, and any party may introduce other parts." Contrary to Plaintiff's assertions, the Defendants have not utilized Plaintiff's deposition transcript inappropriately in support of their Motion for Summary Judgment. Accordingly, a copy of Plaintiff's entire deposition transcript is not needed to clarify the portions of the deposition testimony that have been offered in evidence by Defendants. However, to accommodate Plaintiff's request for a copy of the deposition transcript, Defendants can schedule a time for Plaintiff to review the transcript. Following his review, Plaintiff can identify the portions of the deposition transcript he wishes to cite to which he believes will clarify the portions of the deposition testimony submitted by the Defendants in support of their Motion for Summary Judgment. Those portions of transcript which Plaintiff identifies will be copied and provided to him. . . . . . . . . . . . . . . . .

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Accordingly, Defendants' do not oppose Plaintiff's Motion for Enlargement and will accommodate Plaintiff's request for a copy of the deposition transcript by permitting his review of same. RESPECTFULLY SUBMITTED on this 9th day of December, 2005. TERRY GODDARD Attorney General s/ Kelley J. Morrissey KELLEY J. MORRISSEY Assistant Attorney General Attorneys for Defendants

ORIGINAL of the foregoing electronically filed this 9th day of December, 2005, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Phoenix, AZ 85003 Copy of the foregoing has been mailed this 9th day of December, 2005, to:_ _ Felipe J. Martinez, #102001 ASPC-Tucson-Santa Rita Unit P.O. Box 24406 Tucson, AZ 85734 Plaintiff Pro Per

Secretary to Kelley J. Morrissey
IDS03-0579/RM#G03-04130 937355

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