Myers v. Hummel

Filing 122

ORDER granting in part 115 Motion for Order. Plaintiff's deposition shall proceed on December 16, 2011 at 9:30 a.m. Mountain Standard Time. It is further ORDERED that Plaintiff's financial affidavit shall be under Restriction Level 3. By Magistrate Judge Kathleen M. Tafoya on 12/14/2011.(kmtcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 11–cv–00400–KMT–KLM

BERNARD KENNETH MYERS,
Plaintiff,
v.
DORWIN DWAYNE HUMMEL,
Defendant.

ORDER

This matter is before the court on Plaintiff’s “Motion for Plaintiff [sic] Deposition by
Defense to be Done via Phone.” (Doc. No. 115, filed Dec. 1, 2011.) Defendant responded to
Plaintiff’s Motion on December 2, 2011 (Doc. No. 118), and Plaintiff filed his Reply on
December 7, 2011 (Doc. No. 119).
A hearing on Plaintiff’s Motion was held on December 9, 2011 at 9:30 a.m. (Doc. No.
121.) At that hearing, the court ordered Plaintiff to complete a financial affidavit and submit it
to the court for in camera review on or before December 13, 2011 in order to establish that
Plaintiff’s financial circumstances justify granting him leave of court to appear for his deposition
via video-conferencing. (Id.) The court also ordered Plaintiff, on or before December 13, 2011,
to submit a statement informing the court of the method by which he will be available for an
internet video deposition. (Id.)

Plaintiff submitted his financial affidavit via fax to the court on December 12, 2011, and
the court has reviewed the same in camera. Based on the representations contained therein, the
court finds that Plaintiff’s financial circumstances justify permitting him to appear for his
deposition via video-conferencing. Additionally, Plaintiff filed his “Status Update on Plaintiff to
Secure Computerized Video Conference for Deposition” on December 13, 2011. (Doc. No.
121.) In his Status Update, Plaintiff informed the court that he secured a location to participate
in the deposition via Skype video-conferencing.
Therefore, it is
ORDERED that Plaintiff’s “Motion for Plaintiff [sic] Deposition by Defense to be Done
via Phone” (Doc. No. 115) is GRANTED in part. Plaintiff’s deposition shall proceed on
December 16, 2011 at 9:30 a.m. Mountain Standard Time. Plaintiff shall appear via Skype
internet video-conferencing for his deposition. Defendant shall arrange for a court reporter in
Colorado to make a transcript of the deposition.
It is further
ORDERED that Plaintiff’s financial affidavit, as faxed to this court for in camera review
on December 12, 2011, shall be under Restriction Level 3 as an attachment to this order,
pursuant to D.C.COLO.LCivR 7.2B.5.
Dated this 14th day of December, 2011.

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