Grizzle v. San Diego, County of et al

Filing 129

ORDER Granting 128 Defendants' Application to Take Remote Deposition of Plaintiff Elliot Scott Grizzle, an Incarcerated Person. Signed by Magistrate Judge Ruth Bermudez Montenegro on 2/3/2021. (tcf)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

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ELLIOT SCOTT GRIZZLE,

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Case No.: 3:17-cv-00813-JLS-RBM
Plaintiff,

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V.

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ORDER GRANTING DEFENDANTS'
APPLICATION TO TAKE REMOTE
DEPOSITION OF PLAINTIFF ELLIOT
SCOTT GRIZZLE, AN
INCARCERATED PERSON

COUNTY OF SAN DIEGO, et al.,

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Defendants.

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[Doc. 128]

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On February 2, 2021, Defendants County of San Diego, et al. (collectively

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"Defendants") filed an·application for an order authorizing commencement of the witness

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deposition of Plaintiff Elliot Scott Grizzle ("Plaintiff'), an inmate ("the Application").

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(Doc. 128.) Plaintiff is in the custody of California Department of Corrections and

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Rehabilitation at California State Prison, Sierra Conservation Center ("SCC"). (Id. at 1.)

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The Application is submitted under Federal Rule of Civil Procedure 30(a)(2)(B) and

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30(b)(4), which requires leave of court to depose a deponent confined in prison and to

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conduct a deposition by remote means. (Id. at 2.) Plaintiff does not oppose the Application,

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and the remote deposition is set to be scheduled after leave of court is granted and before

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the March 12, 2021 discovery cutoff date. (Id. at 2-3.)
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. 3:17-cv-00813~JLS-RBM

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Good cause appearing, the Application is GRANTED. Defendants may depose

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Plaintiff by remote means. However, given the ongoing COVID-19 pandemic, Defendants

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may only depose Plaintiff in accordance with the Federal Rules of Civil Procedure and the

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guidelines, rules, and regulations of the institution where Plaintiff is held in custody.

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IT IS SO ORDERED.
DATE: FebruaryJ, 2021

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3:17-cv-00813-JLS-RBM