Filed: Mar. 15, 2016
Latest Update: Mar. 15, 2016
Summary: ORDER KRISTEN L. MIX , Magistrate Judge . This matter is before the Court on Defendant's Second Motion for Leave to Depose Inmates, and Motion to Compel Appearance [#36]; 1 on Defendant's Motion to Reopen Discovery and Extend the Dispositive Motion Deadline [#37]; on Defendant's Motion to Withdraw Motion for Leave to Depose Inmates and Motion to Compel Appearance [Doc. #36] [#38]; on Defendant's Motion to Withdraw Motion to Reopen Discovery and Extend the Dispositive Motion Deadline
Summary: ORDER KRISTEN L. MIX , Magistrate Judge . This matter is before the Court on Defendant's Second Motion for Leave to Depose Inmates, and Motion to Compel Appearance [#36]; 1 on Defendant's Motion to Reopen Discovery and Extend the Dispositive Motion Deadline [#37]; on Defendant's Motion to Withdraw Motion for Leave to Depose Inmates and Motion to Compel Appearance [Doc. #36] [#38]; on Defendant's Motion to Withdraw Motion to Reopen Discovery and Extend the Dispositive Motion Deadline ..
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ORDER
KRISTEN L. MIX, Magistrate Judge.
This matter is before the Court on Defendant's Second Motion for Leave to Depose Inmates, and Motion to Compel Appearance [#36];1 on Defendant's Motion to Reopen Discovery and Extend the Dispositive Motion Deadline [#37]; on Defendant's Motion to Withdraw Motion for Leave to Depose Inmates and Motion to Compel Appearance [Doc. #36] [#38]; on Defendant's Motion to Withdraw Motion to Reopen Discovery and Extend the Dispositive Motion Deadline [Doc. #37] [#39]; on Defendant's Motion for Leave to Depose Inmate [#40]; and on Defendant's Motion to Reopen Discovery and Extend the Dispositive Motion Deadline [#41].
IT IS HEREBY ORDERED that Defendant's Motion to Withdraw Motion for Leave to Depose Inmates and Motion to Compel Appearance [Doc. #36] [#38] and Defendant's Motion to Withdraw Motion to Reopen Discovery and Extend the Dispositive Motion Deadline [Doc. #37] [#39] are GRANTED. Accordingly,
IT IS FURTHER ORDERED that Defendant's Second Motion for Leave to Depose Inmates, and Motion to Compel Appearance [#36] and Defendant's Motion to Reopen Discovery and Extend the Dispositive Motion Deadline [#37] are deemed WITHDRAWN.
IT IS FURTHER ORDERED that Defendant's Motion to Reopen Discovery and Extend the Dispositive Motion Deadline [#41] is GRANTED. Discovery is reopened and the discovery deadline is extended to March 24, 2016, for the sole purpose of deposing Plaintiff. The dispositive motions deadline is extended to May 2, 2016.
Finally, in Defendant's Motion for Leave to Depose Inmate [#40], Defendant seeks an Order allowing it to conduct the deposition of Plaintiff, an incarcerated individual. Pursuant to Fed. R. Civ. P. 30(a)(2)(B), "[a] party must obtain leave of court . . . if the deponent is confined in prison." Plaintiff Aaron Scarborough, #94024-020, is presently incarcerated by the Federal Bureau of Prisons. Accordingly,
IT IS HEREBY ORDERED that the Motion for Leave to Depose Inmate [#40] is GRANTED.
IT IS FURTHER ORDERED that Defendant may take the deposition of Plaintiff Aaron Scarborough with regard to this litigation.
IT IS FURTHER ORDERED that the deposition shall take place by video teleconference with Defendant's counsel Jacob Licht-Steenfat located at the United States Penitentiary in Florence, Colorado, and Plaintiff Aaron Scarborough located at the United States Penitentiary in Lewisburg, Pennsylvania.
IT IS FURTHER ORDERED that the deposition shall occur on March 24, 2016, or other date to be determined in advance when Plaintiff is available to attend, pursuant to written notice.
