Tristan Allan v. Akanno
Filing
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ORDER GRANTING Defendant's 21 Request to Conduct Non-Party Depositions Via Videoconference signed by Magistrate Judge Barbara A. McAuliffe on 8/4/2014. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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TRISTAN D. ALLAN,
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Plaintiff,
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v.
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DR. AKANNO,
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Defendant.
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Case No.: 1:12-cv-01103-AWI-BAM PC
ORDER GRANTING DEFENDANT’S REQUEST
TO CONDUCT NON-PARTY DEPOSITIONS VIA
VIDEOCONFERENCE
(ECF No. 21)
Plaintiff Tristan D. Allan (“Plaintiff”) is a state prisoner proceeding se and in forma pauperis in
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this civil rights action filed pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s
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complaint against Defendant Akanno for deliberate indifference to medical needs in violation of the
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Eighth Amendment of the United States Constitution. (ECF Nos. 1, 11.)
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On August 1, 2014, Defendant Akanno filed a request seeking leave to conduct the depositions
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of the following non-party witnesses via videoconference: (1) Chad D. Smith, M.D., Bakersfield
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Memorial Hospital, 420 34th Street, Bakersfield, CA; (2) Peter McCauley, M.D., Advanced Kidney
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Med. Group, 3933 Coffee Road, Bakersfield, CA; (3) Sarabjit Singh, M.D., Kern Cardiology Medical
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Group, 4000 Physicians Boulevard, Suite 101, Bakersfield, CA; (4) L. Moreno, R.N., Kern Valley
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State Prison – Delano 2, 3000 West Cecil Avenue, Delano, CA; and (5) Behroz Hamkar, M.D.,
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California Institution for Men, 14901 Central Avenue, Chino, CA). (ECF No. 21.) The Court finds a
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response unnecessary and the motion is deemed submitted.1 Local Rule 230(l).
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Defendants seek leave to depose these non-party witnesses, all of whom are healthcare
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providers that participated in Plaintiff’s medical care, by videoconference. Pursuant to Federal Rule of
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Civil Procedure 30(b) (4), the court may, on motion, order that a deposition be taken by telephone or
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other remote means. Fed. R. Civ. P. 30(b)(4). In this case, Defendants explain that permitting
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videoconference depositions is the only practicable means to allow Plaintiff, who is incarcerated at
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California State Prison-Sacramento, to participate in the depositions of these non-party witnesses.
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Plaintiff would be at a videoconference facility at the prison, defense counsel would be at the Attorney
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General’s office and a certified shorthand reporter would be located with the deponents at a
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videoconference site at or near the deponents’ offices or workplaces. Defense counsel also reports that
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videoconference depositions will eliminate travel expenses that would be incurred in traveling to the
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depositions.
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Good cause having been shown, IT IS HEREBY ORDERED that:
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1. Defendant’s request to conduct five non-party depositions via videoconference is
GRANTED;
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2. Defendant may conduct the following non-party deposition by videoconference: (1) Dr.
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Chad D. Smith, Dr. Peter McCauley, Dr. Sarabjit Singh, Registered Nurse J. Moreno and
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Dr. Behroz Hamkar; and
3. Plaintiff shall be permitted to participate in these non-party depositions via
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videoconference from California State Prison-Sacramento.
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IT IS SO ORDERED.
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Dated:
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/s/ Barbara
August 4, 2014
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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Plaintiff will not be prejudiced by the inability to file a response because granting Defendant’s request will allow Plaintiff
to participate in the proposed non-party depositions.
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