Tyler v. Salas et al

Filing 19

ORDER Granting 18 Defendants' Ex Parte Application to Take Deposition of Kevin Tyler (C70238), an Incarcerated Person. Defendants may depose Kevin Tyler (C70238) in accordance with the Federal Rules of Civil Procedure and the institution' ;s rules and regulations, including the presence of correctional officers during the deposition, and may take the deposition by remote means if they choose. The Court Reporter recording the deposition may do so remotely. Signed by Magistrate Judge Michael S. Berg on 11/17/2020. (tcf)

Case 3:20-cv-00888-MMA-MSB Document 19 Filed 11/17/20 PageID.114 Page 1 of 2

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IN THE UNITED STATES DISTRICT COURT

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FOR THE SOUTHERN DISTRICT OF CALIFORNIA

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Case No. 20cv888-MMA (MSB)

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KEVIN TYLER,

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Plaintiff, ORDER GRANTING
DEFENDANTS' EX PARTE
APPLICATION TO TAKE
v.
DEPOSITION OF KEVIN TYLER
(C70238), AN INCARCERATED
OFFICER F. SALAS, et al.,
PERSON [ECF NO. 18]
Defendants.

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The Court has reviewed Defendants’ November 16, 2020, “Ex Parte

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Application to Take Deposition of Kevin Tyler (C70238), an Incarcerated Person.”

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(ECF No. 18.) The Court notes that it does not appear that counsel for Defendants

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attempted to meet and confer with Plaintiff’s counsel to see if Plaintiff would agree

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to bring this motion as a joint motion as required by the Court’s Civil Chambers

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Rule VII. Further, counsel’s declaration does not state whether Plaintiff’s counsel

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opposes or joins the motion. Nevertheless, Defendants’ counsel did inform

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Plaintiff’s counsel of this motion on November 13, 2020, and through Defendants’

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earlier filed motion, which the Court rejected on discrepancy. (ECF No. 18-1 at 2;

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Order Granting Defendant’s Ex Parte Application to Take Deposition of Kevin Tyler

Case 3:20-cv-00888-MMA-MSB Document 19 Filed 11/17/20 PageID.115 Page 2 of 2

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ECF Nos. 15 and 17.) As of November 17, 2020, at 5:00 p.m., Plaintiff’s counsel

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has not informed chambers of any intention to oppose the motion.

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For good cause shown and noting no opposition, Defendants’ application is

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GRANTED. Defendants may depose Kevin Tyler (C70238) in accordance with

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the Federal Rules of Civil Procedure and the institution’s rules and regulations,

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including the presence of correctional officers during the deposition, and may take

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the deposition by remote means if they choose. The Court Reporter recording the

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deposition may do so remotely.

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IT IS SO ORDERED.

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Dated: November 17, 2020

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Order Granting Defendant’s Ex Parte Application to Take Deposition of Kevin Tyler