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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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 REYNALDO AYALA, 9 Plaintiff, 11 For the Northern District of California United States District Court 10 12 No. C 10-00979 JSW v. ROBERT AYERS, JR, ET AL., ORDER Defendants. / 13 14 The has received the motion for appointment of counsel for witness and motion to quash 15 and to postpone deposition for capital prisoner-witness Paul Tuilaepa. The motion references 16 eight other capital prisoner-witnesses who have similarly been noticed for deposition by the 17 Attorney General of California. The depositions are currently scheduled at San Quentin State 18 Prison at 8:30 a.m. on December 10, 2012. There is no confirmation in the record that the 19 Attorney General has complied with Federal Rule of Civil Procedure 30(a)(2)(B) which 20 requires leave of court for a deposition to be conducted where the deponent is confined to 21 prison. Accordingly, the motion is GRANTED and the depositions shall not proceed on 22 December 10, 2012. 23 The Court requires that the Attorney General demonstrate compliance with Federal Rule 24 of Civil Procedure 30(a)(2)(B) and re-notice the depositions to a later date. This delay will 25 enable orderly appointment of counsel to represent the capital prisoner-witnesses in this matter. 26 IT IS SO ORDERED. Dated: December 7, 2012 27 28 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

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