Ayala v. Ayers et al

Filing 106

ORDER by Judge Jeffrey S. White GRANTING 104 Motion to Postpone Depositions. (jswlc2, COURT STAFF) (Filed on 12/7/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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REYNALDO AYALA,

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Plaintiff,

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For the Northern District of California

United States District Court

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No. C 10-00979 JSW

v.
ROBERT AYERS, JR, ET AL.,

ORDER

Defendants.
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The has received the motion for appointment of counsel for witness and motion to quash

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and to postpone deposition for capital prisoner-witness Paul Tuilaepa. The motion references

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eight other capital prisoner-witnesses who have similarly been noticed for deposition by the

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Attorney General of California. The depositions are currently scheduled at San Quentin State

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Prison at 8:30 a.m. on December 10, 2012. There is no confirmation in the record that the

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Attorney General has complied with Federal Rule of Civil Procedure 30(a)(2)(B) which

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requires leave of court for a deposition to be conducted where the deponent is confined to

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prison. Accordingly, the motion is GRANTED and the depositions shall not proceed on

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December 10, 2012.

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The Court requires that the Attorney General demonstrate compliance with Federal Rule

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of Civil Procedure 30(a)(2)(B) and re-notice the depositions to a later date. This delay will

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enable orderly appointment of counsel to represent the capital prisoner-witnesses in this matter.

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IT IS SO ORDERED.
Dated: December 7, 2012

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JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE