Aubert v. Elijah et al

Filing 58

ORDER Granting in Part Defendants' Motion for Leave to Conduct Depositions by Videoconference 55 , signed by Magistrate Judge Gary S. Austin on 8/10/11. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ORDER GRANTING IN PART
DEFENDANTS' MOTION FOR LEAVE
TO CONDUCT DEPOSITIONS BY
VIDEOCONFERENCE

Plaintiff,

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1:07-cv-01629-LJO-GSA-PC

ESS’NN A. AUBERT,

v.
KEVIN ELIJAH, et al.,

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(Doc. 55)

Defendants.
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I.

BACKGROUND

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Plaintiff Ess’nn A. Aubert, is a state prisoner proceeding pro se and in forma pauperis with

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this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this

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action on November 8, 2007. (Doc. 1.) On May 5, 2011, the Court issued a scheduling order

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establishing pre-trial deadlines in this action. (Doc. 20.) This action is currently in the discovery

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phase, and on June 23, 2011, Defendants filed a motion pursuant to Rule 30(b)(4) seeking leave to

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conduct depositions of Plaintiff and all witnesses by videoconference. Fed. R. Civ. P. 30(b)(4).

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II.

RULE 30(b)(4) - DEPOSITION BY REMOTE MEANS

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Rule 30(b)(4) of the Federal Rules of Civil Procedure provides that “[t]he parties may

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stipulate--or the court may on motion order--that a deposition be taken by telephone or other remote

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means.” Fed. R. Civ. P. 30(b)(4). Defendants request leave to conduct the deposition of Plaintiff,

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and all witnesses, via videoconference, due to budgetary conditions. Defendants seek to eliminate
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unnecessary travel expenses which would be incurred if defense counsel is required to travel to

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Corcoran, California, where Plaintiff is incarcerated, to take Plaintiff’s deposition. Defendants also

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assert that the California Department of Corrections and Rehabilitation is operating under severe

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financial constraints, which limit its travel expenditures.

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Defendants have presented good cause to take Plaintiff’s deposition by videoconference.

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Plaintiff is presently incarcerated at the California Substance Abuse Treatment Facility in Corcoran,

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California, and is unable to easily travel to another location for a deposition. Counsel for Defendants

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assert that they are located “approximately 235 miles away” in Sacramento, California, and would

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incur considerable travel expenses to conduct Plaintiff’s deposition in Corcoran. (Motion, Doc. 55

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at 1:22-23.) Therefore, Defendants’ request shall be granted with respect to Plaintiff’s deposition.

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However, the Court declines to grant blanket permission to conduct all depositions of witnesses in

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this case by videoconference. Depositions by remote means may not be acceptable under all

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circumstances, and Defendants have not addressed the circumstances of individual witnesses, besides

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Plaintiff, they seek to depose.

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III.

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CONCLUSION
Based on the foregoing, IT IS HEREBY ORDERED that Defendants’ request to conduct

depositions by videoconference is GRANTED IN PART and DENIED IN PART, as follows:
1.

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Good cause appearing, Defendants’ request for leave to conduct Plaintiff’s deposition
by videoconference pursuant to Rule 30(b)(4) is GRANTED; and

2.

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Defendants’ request for leave to conduct depositions of other witnesses in this case
by videoconference is DENIED, without prejudice.

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IT IS SO ORDERED.
Dated:
6i0kij

August 10, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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