Scarborough v. USA

Filing 35

ORDER; Defendant's 34 Motion for Leave to Depose Inmates is GRANTED, by Magistrate Judge Kristen L. Mix on 2/11/16.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00242-KLM
AARON SCARBOROUGH,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant’s Motion for Leave to Depose
Inmates [#34]1 (the “Motion”). Defendant seeks an Order allowing it to conduct the
deposition of two incarcerated individuals. 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 Aaron
Scarborough, #94024-020, and Jorge J. Solano-Moreta, #11611-069, (a designated nonparty at fault, see [#27]) are presently incarcerated by the Federal Bureau of Prisons.
Accordingly,
IT IS HEREBY ORDERED that the Motion [#34] is GRANTED.
IT IS FURTHER ORDERED that Defendant may take the depositions of these two
individuals with regard to this litigation.

1

“[#34]” is an example of the convention the Court uses to identify the docket number
assigned to a specific paper by the Court’s case management and electronic case filing system
(CM/ECF). This convention is used throughout this Order.

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IT IS FURTHER ORDERED that the depositions shall take place at Federal Bureau
of Prisons facilities in Florence, Colorado, on February 24, 2016, or other date to be
determined in advance when Plaintiff is available to attend, pursuant to written notice.

Dated: February 11, 2016

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