Mistriel v. Kern County, et al

Filing 77

ORDER GRANTING 76 City of Bakersfield's ex parte request for leave to depose plaintiff; signed by Magistrate Judge Sheila K. Oberto on 2/21/2012. (Timken, A)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 ROBERT GLEN MISTRIEL, CASE NO. 1:03-cv-06922-AWI-SKO 6 7 ORDER GRANTING CITY OF BAKERSFIELD'S EX PARTE REQUEST FOR LEAVE TO DEPOSE PLAINTIFF Plaintiff, 8 v. 9 KERN COUNTY, et al., 10 (Docket No. 76) 11 Defendants. 12 / 13 On February 16, 2012, Defendant City of Bakersfield filed an ex parte request for leave of 14 Court to depose Plaintiff, who is a prisoner, pursuant to Federal Rule of Civil Procedure 30(a)(2)(B). 15 (Doc. 76.) As set forth in the discovery order issued by the Court on September 6, 2011, 16 "Defendants may depose Plaintiff and any other witness confined in a prison upon condition that, 17 at least fourteen (14) days before such deposition, Defendants serve all parties with the notice 18 required by Federal Rule of Civil Procedure 30(b)(1)." (Doc. 61, ΒΆ 4.) 19 Accordingly, IT IS HEREBY ORDERED that Defendant City of Bakersfield's ex parte 20 request for leave of Court to depose Plaintiff pursuant to Federal Rule of Civil Procedure 30(a) is 21 GRANTED, pursuant to the notice procedures set forth in Rule 30(b)(1) and the Court's September 22 6, 2011, discovery order. 23 24 25 IT IS SO ORDERED. 26 27 28 Dated: ie14hj February 21, 2012 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE

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