Anderson v. Kelso, et al.

Filing 146

ORDER signed by Magistrate Judge Kendall J. Newman on 8/28/2013 ORDERING that plaintiff may depose defendants Lee and Cummings on or before 10/8/2013; these depositions will occur either at or near High Desert State Prison or via video conference. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMUEL ANDERSON,

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No. 2: 12-cv-0261 MCE KJN P

Plaintiff,
v.

ORDER

J. CLARK KELSO, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding through counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On August 8, 2013, the court ordered that plaintiff could depose defendants

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Lee and Cummings within thirty days. On August 15, 2013, plaintiff filed a request for an

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additional thirty days to depose these defendants. Plaintiff states that an additional thirty days is

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required in order to locate an expert witness willing to assist counsel in preparing for the

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depositions pro bono. Plaintiff also states that counsel may be unable to visit plaintiff prior to the

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depositions due to the prison visiting schedule and counsel’s travel plans.

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Good cause appearing, plaintiff’s request for a thirty day extension of time to depose
defendants Lee and Cummings is granted.
On August 19, 2013, defendants filed a response to plaintiff’s August 15, 2013 pleadings.

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Defendants request that the depositions of defendants Lee and Cummings be taken either at or

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near High Desert State prison, where they are employed, or via video conference. Good cause
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appearing, this request is granted.
Good cause appearing, IT IS HEREBY ORDERED that plaintiff may depose defendants

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Lee and Cummings on or before October 8, 2013; these depositions will occur either at or near

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High Desert State Prison or via video conference.

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Dated: August 28, 2013

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an261.dep

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