Nival v. Clements et al

Filing 69

Minute ORDER granting 66 Defendants' Joint Motion to Allow Deposition of Plaintiff Pedro Nival Pursuant to Fed. R.Civ. P. 30(a)(2), by Magistrate Judge Michael E. Hegarty on 5/16/12.(lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01695-DME-MEH
PEDRO NIVAL,
Plaintiff,
v.
DR. JERE SUTTON, CCCF HMO Provider,
JUDY BREZENDINE, CCCF Clinical Services Director,
LYNN THOMPSON, CCCF Nurse Practitioner,
JANE DOE #1 (SANDY), JANE DOE #2 (MARY), and JANE DOE #3 (CHRISTIE), NURSING
STAFF, all in their official and individual capacities,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on May 16, 2012.
Defendants’ Joint Motion to Allow Deposition of Plaintiff Pedro Nival Pursuant to Fed. R.
Civ. P. 30(a)(2) [filed May 14, 2012; docket #66] is granted. D.C. Colo. LCivR 7.1A does not
require counsel to confer with a pro se prisoner, and thus, Defendants are unable to represent
Plaintiff’s position on the relief requested. However, the Court notes that it could seem “unfair and
abusive for a plaintiff to file a lawsuit and then refuse to make himself available for reasonable
questioning regarding his claims.” Ashby v. McKenna, 331 F.3d 1148, 1150 (10th Cir. 2003). Fed.
R. Civ. P. 30(a)(2)(b) requires a party to obtain leave of court to depose a person confined in prison.
As Plaintiff is confined to the custody of the Colorado Department of Corrections’ Crowley County
Correctional Facility in Olney Springs, Colorado, Defendants properly seek permission from the
Court to conduct Plaintiff’s deposition. Accordingly, the Court grants Defendants’ Motion and
permits Defendants to depose Plaintiff at the Crowley County Correctional Facility.