Korff v. Phoenix, City of et al
ORDER granting Defendants' 150 Motion. The depositions of Michael O'Brien and Christina O'Brien shall proceed at the Federal Courthouse where all persons shall be screened at security. A Deputy Marshal shall be available. Cou nsel shall initiate a joint conference call to the Court's Judicial Assistant with several mutually agreed-upon afternoon dates to schedule a time convenient to the Court's docket so the courtroom will be available for use. Counsel are advised that the courtroom is not usually available in the morning. Signed by Magistrate Judge Eileen S Willett on 4/1/2015.(LFIG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Phoenix, City of, et al.,
The Court has considered Defendants’ Motion to Take Depositions of Michael
O’Brien and Christina O’Brien at Federal Courthouse (Doc. 150), Plaintiff’s Response
(Doc. 154), and Defendants’ Reply (Doc. 176). This Court has ruled pursuant to Rules
26 and 30, Fed. R. Civ. P., that Defendants are permitted to exceed their ten deposition
limit. The Court further found that the discovery sought was relevant to the subject
matter at issue in this litigation. Finally, the information sought is not cumulative or
duplicative, able to be obtained from other sources, burdensome, or untimely sought.
The Court has ruled that the events immediately leading up to the shooting of decedent
are in dispute. See Orders of the Court dated March 25, 2015 (Doc. 192) and March 16,
2015 (Doc. 185). Discovery regarding those events is relevant. See Boyd v. City & Cnty
of San Francisco, 576 F.3d 938 (9th Cir. 2009); Graham v. Connor, 490 U.S. 386 (1989).
Relevant information need not be admissible at trial to be discoverable provided it is
reasonably calculated to lead to the discovery of admissible evidence. See Fed. R. Civ. P.
IT IS ORDERED granting Defendants’ Motion (Doc. 150). The depositions of
Michael O’Brien and Christina O’Brien shall proceed at the Federal Courthouse where all
persons shall be screened at security. A Deputy Marshal shall be available. Counsel
shall initiate a joint conference call to the Court’s Judicial Assistant with several mutually
agreed-upon afternoon dates to schedule a time convenient to the Court’s docket so the
courtroom will be available for use. Counsel are advised that the courtroom is not
usually available in the morning.
Dated this 1st day of April, 2015.
Honorable Eileen S. Willett
United States Magistrate Judge
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