Riley v. Kernan et al
Filing
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ORDER Granting 69 Ex Parte Application to Take the Deposition of Steven E. Riley (C60512), an Incarcerated Person. Signed by Magistrate Judge Linda Lopez on 9/8/2020. (All non-registered users served via U.S. Mail Service) (tcf)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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Case No.: 16cv405-MMA-LL
STEVEN E. RILEY,
Plaintiff,
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v.
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ORDER GRANTING EX PARTE
APPLICATION TO TAKE THE
DEPOSITION OF STEVEN E. RILEY
(C60512), AN INCARCERATED
PERSON
S KERNAN, et al.,
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Defendants.
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[ECF No. 69]
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On September 2, 2020, Defendants filed an ex parte application asking the Court for
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permission to take the deposition of Plaintiff Steven E. Riley, a person confined in state
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prison, and to take the deposition by remote means, including the court reporter, if they
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choose. ECF No. 69. Plaintiff has not filed an opposition. See Docket. Federal Rule of Civil
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Procedure 30(a)(2)(B) requires that a party seeking to take a deposition must “obtain leave
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of court . . . if the deponent is confined in prison.” For good cause shown, Defendants’ ex
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parte application is GRANTED. Upon reasonable notice to Plaintiff, Defendants may
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depose Plaintiff in accordance with the Federal Rules of Civil Procedure and the prison’s
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rules and regulations, including the presence of correctional officers during the deposition,
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and may take the deposition by remote means if they choose. The court reporter may also
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be remote provided that pursuant to Federal Rule of Civil Procedure 28, “a deposition will
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16cv405-MMA-LL
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be deemed to have been conducted ‘before’ an officer so long as that officer attends the
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deposition via the same remote means (e.g., telephone conference call or video conference)
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used to connect all other remote participants, and so long as all participants (including the
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officer) can clearly hear and be heard by all other participants.” See Grano v. Sodexo
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Mgmt., Inc., No. 18cv1818-GPC(BLM), 2020 WL 1975057, at *4 (S.D. Cal. Apr. 24,
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2020) (quoting Sinceno v. Riverside Church in City of New York, No. 18-cv-2156 (LJL),
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2020 WL 1302053, at *1 (S.D.N.Y. Mar. 18, 2020)).
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IT IS SO ORDERED.
Dated: September 8, 2020
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16cv405-MMA-LL
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