Celani v. Taver et al

Filing 41

MINUTE ORDER granting 39 Defendants Motion for Leave to Depose Plaintiff Carlo Celani by Magistrate Judge Kristen L. Mix on 3/22/2010.(klmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01501-PAB-KLM CARLO CELANI, Plaintiff, v. MARK EHRLE, Aurora Police Dept., ADAM NEUMEYER, Aurora Police Dept., and JOHN DOES 1-5, Aurora Police Dept., Defendants. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Defendants' Motion for Leave to Depose Plaintiff Carlo Celani [Docket No. 39; Filed March 16, 2010] (the "Motion"). Defendants request permission to depose Plaintiff. Plaintiff is incarcerated in Crowley County Correctional Facility. Pursuant to Fed. R. Civ. P. 30(a)(2)(B), a party must obtain leave of the Court to take a deposition if the deponent is incarcerated, and the Court must grant leave when such a deposition is consistent with Fed. R. Civ. P. 26(b)(2). The Court concludes that the deposition is consistent with Rule 26(b)(2). Accordingly, IT IS HEREBY ORDERED that the Motion is GRANTED. Defendants may take the deposition of Plaintiff at Crowley County Correctional Facility. Dated: March 22, 2010