Vivanco v. California Department of Corrections & Rehabilitation, et al.

Filing 34

ORDER GRANTING Defendants' Request for Leave to Take the Deposition of Witness Kacey Valli, a Person Confined in Prison, signed by Magistrate Judge Barbara A. McAuliffe on 7/31/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARISOL VIVANCO, Individually and as
Successor in Interest to SOLTON VIVANCO
GONZALEZ,
Plaintiff,
v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS & REHABILITATION, et
al.,
Defendants.

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Case No.: 1:17-cv-00434-BAM
ORDER GRANTING DEFENDANTS’ REQUEST
FOR LEAVE TO TAKE THE DEPOSITION OF
WITNESS KACEY VALLI, A PERSON
CONFINED IN PRISON
(Doc. No. 33)

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This case concerns Plaintiff Marisol Vivanco’s claims related to the death of Solton Vivanco

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Gonzalez while in the custody of the California Department of Corrections and Rehabilitation

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(“CDCR”).

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Fourteenth Amendment substantive due process claims against Defendant Warden Scott Frauenheim

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and Doe Defendants, and her state law claim for wrongful death against CDCR and Doe Defendants.

This action proceeds on Plaintiff’s Eighth Amendment deliberate indifference and

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On July 27, 2018, Defendants CDCR and Warden Scott Frauenheim filed a request seeking leave

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to depose witness Kacey Valli (CDCR No. AX0706), who is incarcerated at the California Health Care

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Facility-Stockton. Federal Rule of Civil Procedure 30(a) provides that a party must obtain leave of court

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to depose a person confined in prison, and the court must grant such leave consistent with Federal Rule

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of Civil Procedure 26. Fed. R. Civ. P. 30(a)(2)(B) (“A party must obtain leave of court, and the court

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must grant leave to the extent consistent with Rule 26(b)(1) and (2) . . . if the deponent is confined in
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prison.”). Defendants explain that Plaintiff identified Mr. Valli as a witness to the incident in her initial

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disclosures and in responses to interrogatories. Defendants further indicate that deposition of Mr. Valli

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will be scheduled upon reasonable notice as provided by Rule 30(b).

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Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), and for cause shown, Defendants’

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request for leave to depose witness Kacey Valli (CDCR No. AX0706), a person confined in prison, is

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HEREBY GRANTED. Defendants shall schedule the deposition of Mr. Valli upon reasonable notice

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as provided by Rule 30(b).

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

July 31, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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