Scarborough v. USA

Filing 42

ORDER by Magistrate Judge Kristen L. Mix on 3/15/16. Defendant's Second Motion for Leave to Depose Inmates, and Motion to Compel Appearance # 36 and Defendant's Motion to Reopen Discovery and Extend the Dispositive Motion Deadline #[ 37] are deemed WITHDRAWN. IT IS HEREBY ORDERED that Defendant's Motion to Withdraw Motion for Leave to Depose Inmates and Motion to Compel Appearance [Doc. #36] # 38 and Defendant's Motion to Withdraw Motion to Reopen Discovery and Extend the Dispositive Motion Deadline [Doc. #37] # 39 are GRANTED. IT IS HEREBY ORDERED that the Motion for Leave to Depose Inmate # 40 is GRANTED. IT IS FURTHER ORDERED that Defendant's Motion to Reopen Discovery and Extend the Dispositive Motion Deadline # 41 is GRANTED. Discovery due by 3/24/2016. Dispositive Motions due by 5/2/2016.(lgale, )

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 Second Motion for Leave to
Depose Inmates, and Motion to Compel Appearance [#36];1 on Defendant’s Motion to
Reopen Discovery and Extend the Dispositive Motion Deadline [#37]; on Defendant’s
Motion to Withdraw Motion for Leave to Depose Inmates and Motion to Compel
Appearance [Doc. #36] [#38]; on Defendant’s Motion to Withdraw Motion to Reopen
Discovery and Extend the Dispositive Motion Deadline [Doc. #37] [#39]; on Defendant’s
Motion for Leave to Depose Inmate [#40]; and on Defendant’s Motion to Reopen
Discovery and Extend the Dispositive Motion Deadline [#41].
IT IS HEREBY ORDERED that Defendant’s Motion to Withdraw Motion for Leave
to Depose Inmates and Motion to Compel Appearance [Doc. #36] [#38] and Defendant’s

1

“[#36]” 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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Motion to Withdraw Motion to Reopen Discovery and Extend the Dispositive Motion
Deadline [Doc. #37] [#39] are GRANTED. Accordingly,
IT IS FURTHER ORDERED that Defendant’s Second Motion for Leave to Depose
Inmates, and Motion to Compel Appearance [#36] and Defendant’s Motion to Reopen
Discovery and Extend the Dispositive Motion Deadline [#37] are deemed WITHDRAWN.
IT IS FURTHER ORDERED that Defendant’s Motion to Reopen Discovery and
Extend the Dispositive Motion Deadline [#41] is GRANTED. Discovery is reopened and
the discovery deadline is extended to March 24, 2016, for the sole purpose of deposing
Plaintiff. The dispositive motions deadline is extended to May 2, 2016.
Finally, in Defendant’s Motion for Leave to Depose Inmate [#40], Defendant seeks
an Order allowing it 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 Aaron Scarborough, #94024-020, is presently
incarcerated by the Federal Bureau of Prisons. Accordingly,
IT IS HEREBY ORDERED that the Motion for Leave to Depose Inmate [#40] is
GRANTED.
IT IS FURTHER ORDERED that Defendant may take the deposition of Plaintiff
Aaron Scarborough with regard to this litigation.
IT IS FURTHER ORDERED that the deposition shall take place by video
teleconference with Defendant’s counsel Jacob Licht-Steenfat located at the United States
Penitentiary in Florence, Colorado, and Plaintiff Aaron Scarborough located at the United
States Penitentiary in Lewisburg, Pennsylvania.

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IT IS FURTHER ORDERED that the deposition shall occur on March 24, 2016, or
other date to be determined in advance when Plaintiff is available to attend, pursuant to
written notice.

Dated: March 15, 2016

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