Gatlin v. Holdridge et al

Filing 140

ORDER granting 136 Motion for Order to Depose. Defendants may take Plaintiffs deposition with regard to this litigation; granting 138 Motion for Extension of Time. The discovery deadline is extended to November 1, 2013, for the sole purpose of taking Plaintiffs deposition. IT IS FURTHER ORDERED that the deposition shall take place at Arrowhead Correctional Center or, if Plaintiff is moved to a different correctional facility subsequent to this Order, at Plaintiffs new correctional facility. by Magistrate Judge Kristen L. Mix on 10/1/2013.(ervsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 11-cv-03004-WJM-KLM ANTWAN OCIE GATLIN, Plaintiff, v. STEVE BROWN, SR., Investigator, JESSICA JARAMILLO, Correctional Officer, STEVE BROWN, JR., Assistant Warden. CHAD PENNER, Case Manager, CHRIS DURGA, Correctional Officer, PAUL DOSE, Shift Supervisor, LARRY COX, Chief of Security, JACK CHAPMAN, Hearings Disciplinary Officer, and ELLEN HAARMANN, Correctional Counselor, Defendants. _____________________________________________________________________ ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Defendants’ Motion to Allow Plaintiff’s Deposition Pursuant to F.R.C.P. 30(a)(2)(B) [Docket No. 136; Filed September 26, 2013] (the “Motion to Depose”) and on Defendants’ Motion for Extension of Time to Extend Discovery Cutoff for the Limited Purpose of Taking the Deposition of Plaintiff Antwan Gatlin [Docket No. 138; Filed September 26, 2013] (the “Motion for Extension”). Defendants seek an Order allowing them to conduct the deposition of Plaintiff, an incarcerated individual. Pursuant to Fed. R. Civ. P. 30(a)(2)(B), “[a] party must obtain leave of court . . . if the deponent is confined in prison.” Plaintiff Antwan Gatlin, #110044, is -1- presently incarcerated by the Colorado Department of Corrections at Arrowhead Correctional Center in Canon City, Colorado. Accordingly, IT IS HEREBY ORDERED that the Motion to Depose [#136] is GRANTED. Defendants may take Plaintiff’s deposition with regard to this litigation. IT IS FURTHER ORDERED that the Motion for Extension [#138] is GRANTED. The discovery deadline is extended to November 1, 2013, for the sole purpose of taking Plaintiff’s deposition. IT IS FURTHER ORDERED that the deposition shall take place at Arrowhead Correctional Center or, if Plaintiff is moved to a different correctional facility subsequent to this Order, at Plaintiff’s new correctional facility. Dated: October 1, 2013 -2-

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