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Kongelf v. Sears Holding Corp.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA NORTHWESTERN DIVISION


March 16, 2010

SANDRA K. KONGELF, MICHEAL L. LARSON, AND DOUGLAS PFAU, PLAINTIFFS,
v.
SEARS HOLDING CORPORATION D/B/A K-MART, SUSAN DAHL, DISTRICT LOSS PREVENTION COACH, INDIVIDUALLY, DEFENDANTS.

The opinion of the court was delivered by: Charles S. Miller, Jr. United States Magistrate Judge

ORDER RE FILING DEPOSITION TRANSCRIPTS

D.N.D. Civ. L. R. 7.1(D)(1) requires that complete copies of any deposition transcripts that are used to support a motion be electronically filed. This rule was enacted to eliminate the practice of both parties "cherry picking" pieces of depositions to support motions - a practice that makes it difficult for the court to piece the testimony together the relevant testimony and often eliminates necessary context. Multiple copies of the same depositions transcripts, however, should not be filed.

In examining the docket sheet, it appears that attorney Kalk first filed excerpts of a number of deposition transcripts. Attorney Kalk shall have three days to file electronically the complete transcripts being relied upon by the defendants. Attorney Larson shall have three days to file any transcripts being relied upon by his clients that are not referenced by the defendants in support of their motion.

IT IS SO ORDERED.

20100316

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