(PC) Perez v. Smith
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SANDRO S. PEREZ, Case No. 1:20-cv-00840-DAD-SAB (PC)
Plaintiff, ORDER GRANTING MOTION FOR
RELIEF FROM REQUIREMENT UNDER
v. FEDERAL RULE OF CIVIL PROCEDURE 28’S REQUIREMENT TO HAVE COURT A. SMITH, et al., REPORTER PHYSICALLY PRESENT
Defendants. (ECF No. 38)
15 Plaintiff Sandro S. Perez is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On June 21, 2021, the Defendants filed an ex parte application to conduct a deposition of Plaintiff with the court reporter appearing remotely, due to COVID-19 precautions. (ECF No. 38.) “The expression ‘ex parte motion’ is a term of art. In its pure form it means a request a party makes to the court without any notice to the other side.” Mission Power Eng’g Co. v. Cont'l Cas. Co., 883 F. Supp. 488, 490 (C.D. Cal. 1995). The Court notes the Defendants’ filing was served on Plaintiff by U.S. mail. (ECF No. 38-3.) The Court shall construe the…