Bruce v. Chaiken et al

Filing 74

ORDER signed by Magistrate Judge Kendall J. Newman on 9/28/2017 DENYING as unnecessary plaintiff's 72 motion for leave to depose Dr. Mallory by written question. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

VINCENT BRUCE,

12

Plaintiff,

13
14

No. 2: 15-cv-0960 TLN KJN P

v.

ORDER

SHAMA CHAIKEN, et al.,

15

Defendants.

16
17

Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

18

to 42 U.S.C. § 1983. On August 31, 2017, the undersigned granted defendants’ request to depose

19

plaintiff’s expert, Dr. Mallory, by video. (ECF No. 70.)
Pending before the court is plaintiff’s September 11, 2017 motion for leave to depose Dr.

20
21

Mallory by written question. (ECF No. 72.) Plaintiff alleges that he is without other means to

22

participate in the deposition of Dr. Mallory. (Id.) On September 22, 2017, defendants filed an

23

opposition to plaintiff’s motion. (ECF No. 73.) Defendants state that defense counsel intends to

24

make arrangements for plaintiff to participate in the deposition via telephone or video.
Because plaintiff will be able to participate in the deposition of Dr. Mallory, by either

25
26

telephone or video, plaintiff’s request to depose Dr. Mallory by written question is unnecessary.

27

Plaintiff will be permitted to cross-examination Dr. Mallory and make appropriate objections.

28

////
1

1

Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for leave to depose Dr.

2

Mallory by written question (ECF No. 72) is denied as unnecessary.

3

Dated: September 28, 2017

4
5
6
7
Br960.dep
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2