Beyett v. O'Brien et al

Filing 25

ORDER GRANTING 23 Motion to Conduct Deposition Via Video Conference and 24 Motion to Conduct Deposition Via Video Conference, signed by Magistrate Judge Dennis L. Beck on 10/20/2010. (Discovery Cut-off Date: 12/15/2010 and Dispositive Motion Deadline: 02/24/2011) (Martin, S)

(PC) Beyett v. O'Brien et al

Doc. 25

1 2 3 4 5 6 EASTERN DISTRICT OF CALIFORNIA 7 8 LYNN CHARLES BEYETT, 9 10 v. Plaintiff, CASE NO. 1:08-CV-01367-DLB PC ORDER GRANTING MOTION TO MODIFY DISCOVERY AND SCHEDULING ORDER (DOC. 23) Discovery Cut-off Date: 12/15/2010 Dispositive Motion Deadline: 2/24/2011 Defendants. / 14 15 16 Plaintiff Lynn Charles Beyett ("Plaintiff") is a prisoner in the custody of the California ORDER GRANTING MOTION TO CONDUCT DEPOSITION VIA VIDEO CONFERENCE (DOC. 24)

UNITED STATES DISTRICT COURT

11 V. O'BRIEN, et al., 12 13

17 Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se and in 18 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding 19 on Plaintiff's complaint against Defendants V. O'Brien and D. Ragan for violation of the Eighth 20 Amendment. Pending before the Court are 1) Defendant O'Brien's motion to modify the 21 discovery and scheduling order, filed October 4, 2010, and 2) Defendant O'Brien's motion to 22 conduct Plaintiff's deposition via video conference, filed October 6, 2010. 23 I. 24 Motion To Modify Discovery And Scheduling Order Defendant seeks a thirty-day extension of time to the discovery cut-off date and

25 dispositive motion deadline. Defendant's counsel contends that he has numerous pending 26 matters that cannot be postponed and would make it impossible to take Plaintiff's deposition by 27 the discovery cut-off date. Defendant would then require additional time to obtain the deposition 28 transcript prior to filing a dispositive motion. 1
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The Court can modify a scheduling order on showing of good cause. Fed. R. Civ. P.

2 16(b)(4). Good cause appearing, it is HEREBY ORDERED that Defendant's motion to modify 3 the discovery and scheduling order is GRANTED. The discovery cut-off date is December 15, 4 2010. The dispositive motion deadline is February 24, 2011. 5 II. 6 Motion To Coduct Deposition Via Video Conference Defendant moves to conduct Plaintiff's deposition via video conference, pursuant to

7 Federal Rule of Civil Procedure 30(b)(4). Defendant contends that Plaintiff is housed at San 8 Quentin Prison. A video conference deposition would save on unnecessary travel expenses and 9 is in the interest of judicial economy. The Court agrees. Accordingly, it is HEREBY 10 ORDERED that Defendant's motion to conduct Plaintiff's deposition via video conference is 11 GRANTED. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 IT IS SO ORDERED. Dated: 3b142a

October 20, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE