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XIE v. TURNER DESIGNS HYDRO CARBON INSTRUMENTS, INC., 1:17-cv-00284-LJO-SKO. (2017)

Court: District Court, E.D. California Number: infdco20170807555 Visitors: 7
Filed: Aug. 03, 2017
Latest Update: Aug. 03, 2017
Summary: ORDER DENYING REQUESTS FOR PERMISSION TO USE ELECTRONIC FILING SYSTEM (Doc. 28) SHEILA K. OBERTO , Magistrate Judge . Before the Court are (1) the parties' Stipulation (the "Request"), in which the parties "stipulate and agree [to] allow Plaintiff" to utilize the "ECF filing" system, (Docs. 28 & 37), and (2) Plaintiff's Motion for Permission for Electronic Case Filing (the "Motion"), (Doc. 33). Local Rule 133(b)(2) provides that "[a]ny person appearing pro se may not utilize electroni
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ORDER DENYING REQUESTS FOR PERMISSION TO USE ELECTRONIC FILING SYSTEM

(Doc. 28)

Before the Court are (1) the parties' Stipulation (the "Request"), in which the parties "stipulate and agree [to] allow Plaintiff" to utilize the "ECF filing" system, (Docs. 28 & 37), and (2) Plaintiff's Motion for Permission for Electronic Case Filing (the "Motion"), (Doc. 33).

Local Rule 133(b)(2) provides that "[a]ny person appearing pro se may not utilize electronic filing except with the permission of the assigned Judge or Magistrate Judge." Instead, "[a]ll parties shall file and serve paper documents as required by applicable Federal Rules of Civil. . . Procedure or by these [Local] Rules." E.D. Cal. Local Rule 133(b)(2). Nonetheless, a pro se party may "[r]equest to use paper or electronic filing as exceptions from these Rules" if (1) they submit a stipulation between the parties "as provided in [Local Rule] 143;" or (2) "if a stipulation cannot be had," by a "written motion[] setting out an explanation of reasons for the exception." E.D. Cal. Local Rule 133(b)(3).

In this case, the parties filed a stipulation indicating that they agree to Plaintiff's use of the electronic filing system and Plaintiff filed the Motion requesting use of this system. (See Docs. 28, 33, 37.) However, the Court finds that it is inappropriate in this matter to deviate from the Local Rule that "[a]ny person appearing pro se may not utilize electronic filing." E.D. Cal. Local Rule 133(b)(2).

Accordingly, the Court DENIES the Request, (Docs. 28 & 37), and the Motion (Doc. 33).

IT IS SO ORDERED.

Source:  Leagle

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