United States of America v. Wanland

Filing 46

ORDER signed by Magistrate Judge Kendall J. Newman on 9/24/2015 ORDERING that Defendant's 44 motion for a protective order is GRANTED IN PART. Defendant shall be permitted to appear at the 9/29/2015 deposition by telephone. Counsel for the United States shall forthwith contact the Atwater prison to make arrangements for defendant's telephonic appearance. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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No. 2:13-cv-2343-KJM-KJN PS

Plaintiff,
v.

ORDER

DONALD M. WANLAND, JR.,
Defendant.

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Presently pending before the court is defendant’s motion for a protective order. (ECF No.

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44.) According to that motion, the United States has noticed the deposition of Steven Campbell,

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defendant’s former accountant, to take place on Tuesday September 29, 2015, at 10:00 a.m., at

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the offices of the United States Attorney for the Eastern District of California in Sacramento,

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California. Defendant contends that, although the notice of deposition invites him to attend and

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cross-examine the witness, defendant cannot attend that deposition in person, because he is

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incarcerated. Defendant requests modification of the scheduling order to allow postponement of

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the deposition until his release from prison, or in the alternative, an order requiring the deposition

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to take place at the Atwater prison.

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For the reasons discussed in previous orders, the court declines to modify the scheduling

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order. Additionally, as defendant himself points out, it would be burdensome and impractical for

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the third party witness to attend a deposition at Atwater prison. Therefore, the court instead finds
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it appropriate to permit defendant to appear at the deposition by telephone.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendant’s motion for a protective order (ECF No. 44) is GRANTED IN PART.

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2. Defendant shall be permitted to appear at the September 29, 2015 deposition by

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telephone.
3. Counsel for the United States shall forthwith contact the Atwater prison to make
arrangements for defendant’s telephonic appearance.
IT IS SO ORDERED.
Dated: September 24, 2015

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