Ashker v. Alameida et al

Filing 242

ORDER re 233 GRANTING, IN PART, DEFENDANTS CROSS-MOTION REGARDING PLAINTIFFS DEPOSITION. Signed by Judge Claudia Wilken on 11/25/08. (scc, COURT STAFF) (Filed on 11/25/2008)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This is a civil rights case filed pro se by state prisoner Todd Ashker. On November 17, 2008, Plaintiff moved for a v. ROBERT HOREL, et al., Defendants. / TODD L. ASHKER, Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 05-3759 CW ORDER GRANTING, IN PART, DEFENDANTS' CROSS-MOTION REGARDING PLAINTIFF'S DEPOSITION

protective order to prevent Defendants' counsel from deposing him. On November 21, 2008, the Court denied Plaintiff's motion for a protective order. Defendants now cross-move for additional time, Having considered

if necessary, to take Plaintiff's deposition.

Defendants' papers, the motion is granted, in part. Defendants are scheduled to take Plaintiff's deposition on December 2, 2008 from 9:30 a.m. to 4:00 p.m. Defendants state the

deposition must take place between the hours of 9:30 a.m. to 4:00 p.m. to cause minimal impact on the prison's administration. They

are concerned that because of Plaintiff's poor health, he might need many breaks, and thus, the deposition may take more than seven

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

hours and more than a single day. A deposition is limited to one day of seven hours. Civ. Pro. 30(d)(1). Fed. R.

The seven hours does not include time for Fed. R. Civ. Pro. 30(d)(1) Advisory The Court must allow additional

lunch or reasonable breaks.

Committee Notes to 2000 Amendment. time, if needed.

Fed. R. Civ. Pro. 30(d)(1).

Defendants may depose Plaintiff for a total of seven hours, not including time for meals or other reasonable breaks. If, due

to the breaks Plaintiff reasonably requests, Defendants cannot complete seven hours of deposition in one day, they may extend the deposition over a period of two days.

IT IS SO ORDERED 11/25/08 Dated CLAUDIA WILKEN United States District Judge

2

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 J. Randall Andrada Andrada & Associates Professional Corporation 180 Grand Avenue Suite 225 Oakland, CA 94612 Todd A. Ashker #C58191 Pelican Bay State Prison Box 7500 Crescent City, CA 95532 Dated: November 25, 2008 ASHKER, Plaintiff, v. ALAMEIDA ET AL et al, Defendant.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV05-03759 CW CERTIFICATE OF SERVICE

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on November 25, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk

3