Korff v. Phoenix, City of et al

Filing 198

ORDER granting Defendants' #155 Joint Motion for Leave to Exceed Ten Deposition Limit. The Court lifts the deposition stay imposed in its #180 Order. Signed by Magistrate Judge Eileen S Willett on 4/1/2015.(LFIG)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Lynne Korff,

No. CV-13-02317-PHX-ESW
Plaintiff,

10
11

v.

12

ORDER

Phoenix, City of, et al.,

13

Defendants.

14
15
16

The Court has considered Defendants’ Joint Rule 30(A)(2)(a)(i) Motion for Leave

17

to Exceed Ten Deposition Limit (Doc. 155), Plaintiff’s Response (Doc. 184), and

18

Defendants’ Joint Reply (Doc. 186).

19

The Court finds that Defendants have met their burden of proving a particularized

20

showing for the need to take three additional depositions. Rule 30, Fed. R. Civ. P. See

21

Thykkuttathil v. Keese, 294 F.R.D. 597, 600 (W.D. Wash. 2013). Leave to grant the

22

taking of three additional depositions is appropriate pursuant to Rule 26(b)(2), Fed. R.

23

Civ. P. The discovery sought is not duplicative, cumulative, or obtainable from another

24

source. Defendants promptly sought leave to take the additional depositions upon receipt

25

of decedent’s recent mental health records.

26

outweighed by its benefit, considering the importance of the issues at stake and the

27

amount in controversy. The information sought is relevant to the subject matter at issue

28

in this litigation. The Court has ruled that the events immediately leading up to the

The expense of the discovery is not

1

shooting of the decedent are in dispute. See Orders of the Court dated March 25, 2015

2

(Doc. 192) and March 16, 2015 (Doc. 185). Discovery regarding those events is relevant.

3

See Boyd v. City & Cnty of San Francisco, 576 F.3d 938 (9th Cir. 2009); Graham v.

4

Connor, 490 U.S. 386 (1989). Relevant information need not be admissible at trial to be

5

discoverable provided it is reasonably calculated to lead to the discovery of admissible

6

evidence. See Fed. R. Civ. P. 26(b)(1).

7
8

IT IS ORDERED granting Defendants’ Joint Rule 30(A)(2)(a)(i) Motion for
Leave to Exceed Ten Deposition Limit (Doc. 155).

9
10
11

The Court lifts the deposition stay imposed in its Order dated March 9, 2015 (Doc.
180).
Dated this 1st day of April, 2015.

12
13
14

Honorable Eileen S. Willett
United States Magistrate Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-