Opinion
1:20-cv-0331-KWR-LF
08-26-2022
PAUL SUGAR, Jr., and PAUL SUGAR, Sr. Plaintiffs, v. DAVID TACKETT, STEVE TACKETT and NO. 8 MINE, LLC, a Delaware Limited Liability Company, Defendants.
ORDER NUNC PRO TUNC ALLOWING FILING OF DEFENDANT'S FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER REGARDING COMMUNICATION WITH THE COURT
KEA W. RIGGS UNITED STATES DISTRICT JUDGE
THIS MATTER came before the Court upon Defendant's e-mail communications with the Court regarding the submission of his proposed findings of fact and conclusions of law.
THE COURT HEREBY FINDS:
1. The Court entered the Order Setting Pretrial Deadlines (Doc. 90) on February 16, 2022 directing the parties to file their proposed findings of fact and conclusions of law within thirty (30) days of the post-trial filing of the transcript.
2. Both volumes of the transcript were filed on Monday, July 25, 2022.
3. Proposed findings of fact and conclusions of law were due on Wednesday, August 24, 2022.
4. On Wednesday, August 24, 2022, at approximately 8:20 p.m. local time, Defendant, David Tackett (hereinafter “Defendant”) sent an e-mail communication to chambers and attached his proposed findings of fact and conclusions of law as a PDF document. See Attachment A.
5. Defendant did not file his proposed findings of fact and conclusions of law with the Clerk's Office on or before the specified due date of Wednesday, August 24, 2022, but has attempted to circumvent the filing deadline by communicating directly with the Court and attempting to utilize e-mail as a means of electronically filing his document.
6. Generally, pro se litigants are held to the same standards of professional responsibility as trained attorneys. It is a pro se litigant's responsibility to become familiar with and to comply with the Federal Rules of Civil Procedure and the Local Rules of the United States District Court for the District of New Mexico (hereinafter the “Local Rules”). Guide for Pro Se Litigants at 4, United States District Court, District of New Mexico (November 2019).
The Local Rules, the Guide for Pro Se Litigants and a link to the Federal Rules of Civil Procedure are also available on the Court's website (http://www.nmd.uscourts.gov under the “Pro Se” tab).
“Attorneys and pro se parties are prohibited from all ex parte communication with the judge or judge's staff.” See Guide for Pro Se Litigants at 11 (emphasis added). Ex parte communication occurs when one of the parties to a lawsuit exchanges information with the assigned judge (1) without the opposing party being present, or (2) without the knowledge and consent of the opposing party. Id. Therefore, “[a]ny communication between the assigned judge and a pro se litigant should be in writing, and a copy of the communication should be sent to the opposing party or, if represented, to that party's attorney.” Id. “The letter to the judge should indicate that a copy has been sent to the opposing party. Telephone or personal contact with the judge's staff should be limited to specific scheduling inquiries.” Id. at 11-12.
Unless otherwise directed, all communication to the court should be addressed to the Clerk of Court, United States District Court, District of New Mexico, using the address for the division [Albuquerque, Las Cruces or Santa Fe] where the subject case has been assigned. Guide for Pro Se Litigants at 5 (providing the Albuquerque, Las Cruces and Santa Fe addresses).
7. Defendant's e-mails to Judge Riggs' chambers constitute improper ex parte communication. Furthermore, Defendant has failed to comply with the Local Rules for properly filing his proposed findings of fact and conclusions of law for consideration and ruling upon by the Court.
IT IS THEREFORE ORDERED THAT:
1. The Court GRANTS Defendant nunc pro tunc relief and will allow his proposed findings of fact and conclusions of law, which would otherwise be considered filed untimely, to be filed electronically by the Clerk's Office and treated as timely filed upon entry of this Order. Defendant's e-mail communications with the Court will be included as an attachment (Attachment A) to this Order for transparency purposes.
2. The Court GRANTS Defendant permission to file electronically in this case only. See Guide for Pro Se Litigants at 13, District of New Mexico (November 2019) (“approval to electronically file documents within a case must be granted by the presiding judge for each case in which the pro se litigant wishes to file using their CM/ECF account”). The Court will revoke permission to file electronically if Defendant abuses his electronic filing privilege or fails to comply with the rules and procedures in the District of New Mexico's Guide for Pro Se Litigants and the District of New Mexico's CM/ECF Administrative Procedures Manual.
Account registration forms, procedure manuals, and other information can be obtained at the Court's website at http://www.nmd.uscourts.gov/filing-information. This Order only grants Defendant permission to participate in CM/ECF; Defendant is responsible for registering to become a participant. See CM/ECF Administrative Procedures Manual, District of New Mexico (Revised December 2019).
3. Defendant is PROHIBITED from communicating directly with the Court via email or any other method not expressly provided for in the Local Rules or the Court's orders.
IT IS SO ORDERED.