Halliday et al v. Spjute et al

Filing 183

ORDER Re: Defendants' 182 Motion for Leave to Depose a Person Confined in Prison signed by Magistrate Judge Gary S. Austin on 1/9/2014. (Martinez, A)

1
IN THE UNITED STATES DISTRICT COURT FOR THE
2
EASTERN DISTRICT OF CALIFORNIA
3
4
5
6
7
8
9

MICHAEL S. IOANE, ET AL.,

)
)
Plaintiff,
)
)
v.
)
)
KENT SPJUTE, ET AL.,
)
)
Defendants.
)
_______________________________________)

Case No. 1:07-cv-00620-AWI-GSA
Order Re. Defendants’ Motion For
Leave To Depose A Person Confined in
Prison

(Doc. 182)

10
11

Plaintiffs Michael S. and Shelly J. Ioane brought the present action in regard to the

12

execution of a search warrant by federal agents at their residence. Plaintiffs allege that the

13

federal agents used excessive force in conducting the search and violated the privacy rights of

14

Shelly Ioane. The case is presently in the discovery stage.

15

On January 6, 2014, the Defendants in this matter (Special Agents Kent R. Spjute, Jeff

16

Hodge, Brian Applegate and Michele M. Casarez; former Supervisory Special Agent Jean Noll;

17

and the United States of America) (collectively, “Federal Defendants”) filed a motion for leave

18

to take the deposition of Plaintiff Michael S. Ioane, who is currently incarcerated in Taft

19

Correctional Institution (“CI Taft”). (Doc. 182). Federal Defendants’ motion is made pursuant

20

to Federal Rule of Civil Procedure 30(a)(2)(B). Rule 30(a)(2)(B) provides that a party must

21

obtain leave of court to depose a person confined in prison. Mr. Ioane’s deposition is tentatively

22

scheduled for Thursday, February 20, 2014. (Doc. 182). Mr. Ioane does not oppose the Federal

23

Defendants’ motion. (Doc. 182).

24
25

1

1

Federal Defendants seek to depose Mr. Ioane because “Mr. Ioane is one of the Plaintiffs

2

in this action and was a witness to the search performed by some of the Federal Defendants. His

3

testimony is essential for the Federal Defendants to investigate his claims as well as prepare their

4

defenses in this action.” (Doc. 182-1). Federal Defendants further attest that “[c]ounsel for the

5

United States has contacted officials at CI Taft and is prepared to make all necessary

6

arrangements so that the deposition of Mr. Ioane can be taken with the minimum amount of

7

inconvenience to this Court and to the prison.” (Doc. 182-1). The Court grants Federal

8

Defendants’ motion pursuant to Federal Rule of Civil Procedure 30(a)(2)(B).

9

ORDER

10

Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B) and for good cause shown,

11

Federal Defendants’ motion is hereby GRANTED. Counsel for Federal Defendants are granted

12

leave to notice and take the deposition of Plaintiff Michael S. Ioane at Taft Correctional

13

Institution, where Mr. Ioane is currently incarcerated.

14
15
16
17
18
19
20

IT IS SO ORDERED.
Dated:

January 9, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

21
22

DEAC_Signature-END:

6i0kij8d

23

24
25

2