Exmundo v. Kane et al
Filing
40
ORDER Granting Leave To Conduct Deposition Via Video Conference (ECF No. 38 ), signed by Magistrate Judge Dennis L. Beck on 8/2/2010. It is ORDERED that Defendants' motion requesting to conduct Plaintiff's deposition via video conference is GRANTED as stated herein. (Scrivner, E)
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(PC) Exmundo v. Kane et al
Doc. 40
1 2 3 4 5 6 7 8 EASTERN DISTRICT OF CALIFORNIA 9 10 EMELITO EXMUNDO, 11 12 v. (ECF NO. 38) 13 R. KANE, et al., 14 15 16 Plaintiff Emelito Exmundo ("Plaintiff") is a California state prisoner proceeding pro se in Defendants. / Plaintiff, CASE NO. 1:08-CV-00822-DLB PC ORDER GRANTING LEAVE TO CONDUCT DEPOSITION VIA VIDEO CONFERENCE
UNITED STATES DISTRICT COURT
17 this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff's 18 complaint against Defendants R. Kane and Ross for retaliation in violation of the First 19 Amendment, interference with medical care in violation of the Eighth Amendment, and violation 20 of the California Constitution. 21 On July 20, 2010, Defendants filed a motion requesting leave to conduct Plaintiff's
22 deposition by video conference. (ECF No. 38.) Defendants contend that because Plaintiff is 23 currently incarcerated at Pleasant Valley State Prison, and Defense counsel is located in 24 Sacramento three and a half hours away, Defendants would incur unnecessary travel expenses if 25 required to conduct the deposition in person. (Defs.' Mot. 1:25-2:4.) 26 Pursuant to Rule 30(b)(4) of the Federal Rules of Civil Procedure, the Court may grant
27 such a request on motion. Absent a showing of prejudice by Plaintiff, the Court grants 28 Defendants' motion. If Pleasant Valley State Prison does not have the equipment for a video 1
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1 conference readily available, the prison is not required to obtain such equipment. In such 2 situation, Defendants' request to conduct the deposition by remote means is denied. 3 Accordingly, it is HEREBY ORDERED that Defendants' motion requesting to conduct
4 Plaintiff's deposition via video conference is GRANTED as stated herein. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 IT IS SO ORDERED. Dated: 3b142a
August 2, 2010
/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE
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