Luna v. Moon, et al.
Filing
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ORDER denying as moot Defendants' Motion for leave to take Plaintiff's deposition by oral examination 70 signed by Magistrate Judge Stanley A. Boone on 7/10/2019. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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EDWARD LUNA.,
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Plaintiff,
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v.
Case No. 1:16-cv-00313-LJO-SAB (PC)
ORDER DENYING AS MOOT
DEFENDANTS’ MOTION FOR LEAVE TO
TAKE PLAINTIFF’S DEPOSITION BY
ORAL EXAMINATION
DR. MOON, et al.,
(ECF No. 70)
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Defendants.
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Plaintiff Edward Luna is a state prisoner proceeding pro se and in forma pauperis in this
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civil rights action pursuant to 42 U.S.C. § 1983.
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Currently before the Court is Defendants Ulit’s, Moon’s, and Wang’s motion for leave to
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take Plaintiff’s deposition by oral examination, filed on July 9, 2019. (ECF No. 70.) As the Court
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finds that a response from Plaintiff is unnecessary, the motion is deemed submitted. Local Rule
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230(l).
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In their motion, Defendants seek leave of court to depose Plaintiff on August 15, 2019, as
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required by Federal Rule of Civil Procedure 30(a)(2)(B). Defendants assert that, since Plaintiff’s
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allegations that Defendants engaged in deliberate indifference with respect to the provision of
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medical care and Plaintiff’s allegations are solely based on Plaintiff’s own testimony relating to the
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pain he experienced while under Defendants’ medical care, they need to depose Plaintiff in order
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to be able to adequately defend against Plaintiff’s claims.
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Defendants are correct that Federal Rule of Civil Procedure 30(a)(2)(B) requires a party to
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obtain leave from the court in order to depose a person confined in prison, such as Plaintiff.
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However, in the Court’s March 30, 2018 discovery and scheduling order, the Court stated:
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“Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), Defendant may depose Plaintiff and any
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other witness confined in a prison upon condition that, at least fourteen (14) days before such a
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deposition, Defendant serves all parties with the notice required by Federal Rule of Civil Procedure
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30(b)(1).” (ECF No. 33, p. 2, lines 4-6.) Therefore, the Court has already granted Defendants leave
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to depose Plaintiff on August 15, 2019, or any other date, so long as Defendants serve Plaintiff with
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a deposition notice that complies with Federal Rule of Civil Procedure 30(b)(1) at least fourteen
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days before the scheduled deposition. Accordingly, Defendants’ motion for leave to take Plaintiff’s
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deposition by oral examination, (ECF No. 70), is HEREBY DENIED AS MOOT.
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IT IS SO ORDERED.
Dated:
July 10, 2019
UNITED STATES MAGISTRATE JUDGE
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