Demerson v. Woodford et al

Filing 134

ORDER granting 132 Request for leave to depose Plaintiff via Video-conference signed by Magistrate Judge Sheila K. Oberto on 5/10/2012. (Lundstrom, T)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 EDWARD DEMERSON, 10 11 CASE NO. 1:08-cv-00144-LJO-SKO PC Plaintiff, ORDER GRANTING DEFENDANTS’ REQUEST FOR LEAVE TO DEPOSE PLAINTIFF BY VIDEO-CONFERENCE v. 12 JEANNE S. WOODFORD, et al., 13 (Doc. 132) Defendants. / 14 15 Plaintiff Edward Demerson, a state prisoner proceeding pro se and in forma pauperis, filed 16 this civil rights action pursuant to 42 U.S.C. § 1983 on January 29, 2008, and a scheduling order was 17 issued on December 21, 2011. This action is currently in the discovery phase, and on April 25, 2012, 18 Defendants filed a request seeking leave to depose Plaintiff by video-conference. Fed. R. Civ. P. 19 30(b)(4). Plaintiff filed an opposition on May 7, 2012.1 20 Plaintiff’s opposition to the request is based on several misconceptions. A deposition by 21 video-conference simply means that Defendants will conduct it from a remote location via video- 22 conferencing equipment. The taking of the deposition itself entails nothing different or additional, 23 and Plaintiff is not at a disadvantage, as he asserts. Plaintiff has the same right to request to review 24 the deposition transcript and make corrections as he would with an in-person deposition, Fed. R. Civ. 25 P. 30(e)(1), and in neither instance is Plaintiff entitled to a free copy of the transcript, Fed. R. Civ. 26 27 28 1 A reply is unnecessary in this instance and therefore, the Court issues its ruling without awaiting further response from Defendants. Local Rule 230(l). 1 1 P. 30(f)(3).1 2 Defendants may seek leave to depose Plaintiff by remote means and they have done so here. 3 Fed. R. Civ. P. 30(b)(4). Although Defendants are not required to show good cause under the rule, 4 the conservation of government resources is good cause under the circumstances and Defendants’ 5 motion is HEREBY GRANTED. Id. 6 7 IT IS SO ORDERED. 8 Dated: ie14hj May 10, 2012 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 28 A request to review the transcript must be made before the completion of the deposition, and Plaintiff has thirty days after being notified the transcript is available within which to review it. Fed. R. Civ. P. 30(e)(1). 2

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