Dolin et al v. Contemporary Financial Solutions, Inc. et al

Filing 45

ORDER granting 32 Defendants Motion for Protective Order Allowing the Taking of the Deposition of Salvatore Favata, an Inmate, at such date and time as may be established among them. by Magistrate Judge Boyd N. Boland on 7/10/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 08-cv-00675-WYD-BNB ROBERT A. DOLIN, and LISA DOLIN, Plaintiffs, v. CONTEMPORARY FINANCIAL SOLUTIONS, INC., and MUTUAL SERVICE CORPORATION, Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on the Motion of Defendants Contemporary Financial Solutions, Inc. and Mutual Service Corporation for a Protective Order Allowing the Taking of the Deposition of Salvatore Favata, an Inmate [Doc. # 32, filed 6/22/2009] (the "Motion"). I held a hearing on the Motion this morning and made rulings on the record, which are incorporated here. Rule 30(a)(2)(B), Fed. R. Civ. P., provides: (a) When a Deposition May Be Taken. (2) With Leave. A party must obtain leave of court, and the court must grant leave to the extent consistent with Rule 26(b)(2): (B) if the deponent is confined in prison. I am informed that the requested deponent, Salvatore Favata, is confined in prison at the U.S. Penitentiary in Lompoc, California. I find that the anticipated testimony of Mr. Favata is relevant to matters at issue in this action or is reasonably calculated to lead to the discovery of

admissible evidence, and is discoverable. Accordingly, IT IS ORDERED that the Motion is GRANTED, and the parties are granted leave to depose Mr. Favata at such date and time as may be established among them. Dated July 10, 2009. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

2