Korff v. Phoenix, City of et al

Filing 199

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)

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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 The Court has considered Defendants’ Motion to Take Depositions of Michael 16 O’Brien and Christina O’Brien at Federal Courthouse (Doc. 150), Plaintiff’s Response 17 (Doc. 154), and Defendants’ Reply (Doc. 176). This Court has ruled pursuant to Rules 18 26 and 30, Fed. R. Civ. P., that Defendants are permitted to exceed their ten deposition 19 limit. The Court further found that the discovery sought was relevant to the subject 20 matter at issue in this litigation. Finally, the information sought is not cumulative or 21 duplicative, able to be obtained from other sources, burdensome, or untimely sought. 22 The Court has ruled that the events immediately leading up to the shooting of decedent 23 are in dispute. See Orders of the Court dated March 25, 2015 (Doc. 192) and March 16, 24 2015 (Doc. 185). Discovery regarding those events is relevant. See Boyd v. City & Cnty 25 of San Francisco, 576 F.3d 938 (9th Cir. 2009); Graham v. Connor, 490 U.S. 386 (1989). 26 Relevant information need not be admissible at trial to be discoverable provided it is 27 reasonably calculated to lead to the discovery of admissible evidence. See Fed. R. Civ. P. 28 26(b)(1). 1 IT IS ORDERED granting Defendants’ Motion (Doc. 150). The depositions of 2 Michael O’Brien and Christina O’Brien shall proceed at the Federal Courthouse where all 3 persons shall be screened at security. A Deputy Marshal shall be available. Counsel 4 shall initiate a joint conference call to the Court’s Judicial Assistant with several mutually 5 agreed-upon afternoon dates to schedule a time convenient to the Court’s docket so the 6 courtroom will be available for use. Counsel are advised that the courtroom is not 7 usually available in the morning. 8 Dated this 1st day of April, 2015. 9 10 11 Honorable Eileen S. Willett United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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