Johnson v. East Coast Waffles

Filing 102

ORDER AND DIRECTION TO CLERK OF COURT granting 101 Unopposed Motion for Leave to Depose Incarcerated Non-Party Witness Al-Jalil Byrd. Signed by Magistrate Judge Leslie Hoffman Price on 4/24/2023. (MKH)

Case 6:18-cv-00608-JA-LHP Document 102 Filed 04/24/23 Page 1 of 2 PageID 351

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

HERBERT JOHNSON,
Plaintiff,
v.

Case No: 6:18-cv-608-JA-LHP

EAST COAST WAFFLES,
Defendant

ORDER

(And Direction to Clerk of Court)
This cause came on for consideration without oral argument on the following
motion filed herein:
MOTION: UNOPPOSED MOTION FOR LEAVE TO DEPOSE
INCARCERATED NON-PARTY WITNESS AL-JALIL
BYRD (Doc. No. 101)
FILED:

April 19, 2023

THEREON it is ORDERED that the motion is GRANTED.
Defendant seeks leave of Court for the parties to conduct the deposition of a
non-party witness who is incarcerated, Al-Jalil Byrd. Doc. No. 101. Plaintiff does
not oppose. Id. at 3. Upon consideration, the Court finds the request well taken.

Case 6:18-cv-00608-JA-LHP Document 102 Filed 04/24/23 Page 2 of 2 PageID 352

See Fed. R. Civ. P. 30(A)(2)(B). See also Aviation Koncepts, Inc. v. Starr Indem. & Liab.
Co., No. 19-60513-CIV, 2019 WL 7708456, at *1 (S.D. Fla. Nov. 27, 2019) (“The Court
. . . should permit the deposition of an incarcerated individual unless an objecting
party can show why the deposition is impermissible under [Fed. R. Civ. P. 26(b)(1)(,
(2)].”).
Accordingly, the Motion (Doc. No. 101) is GRANTED, and the parties may
take the deposition of Al-Jalil Byrd at a date and time agreed to by the parties.
Counsel shall coordinate the deposition with the officials at Al-Jalil Byrd’s place of
incarceration.
Although Defendant’s Motion (Doc. No. 101) was docketed as ex parte, there
is no apparent reason for the ex parte designation. Accordingly, the Clerk of Court
is DIRECTED to remove the ex parte designation from the Motion (Doc. No. 101)
and this Order, and to ensure that this Order is sent to counsel of record.
DONE and ORDERED in Orlando, Florida on April 24, 2023.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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