Poulin v. Bush et al

Filing 49

ORDER granting 48 Motion for leave to take Plaintiff's deposition. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 1/10/2022.(BMM)

Case 8:21-cv-01516-KKM-AEP Document 49 Filed 01/10/22 Page 1 of 3 PageID 471

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MATTHEW C. POULIN,
Plaintiff,
v.

Case No. 8:21-cv-1516-KKM-AEP

KEITH BUSH et al.,
Defendant.
/

ORDER
This cause comes before the Court upon Defendants’ Unopposed Motion for
Leave to take Plaintiff’s Deposition (Doc. 48), who is currently confined by the
Florida Department of Corrections at Sumter Correctional Institution. Pursuant to
Rule 30, Federal Rules of Civil Procedure, a party must obtain leave of court, and
a court must grant leave to the extent such request is consistent with Rule 26(b)(1)
and (2), when a deponent is confined in prison. Fed. R. Civ. P. 30(a)(2)(B). Rule
26(b)(1) provides that parties can obtain discovery regarding any nonprivileged
matter that is relevant to a party’s claim or defense and proportional to the needs of
the case. Rule 26(b)(2) permits courts to limit the frequency or extent of discovery
if: (1) the discovery sought is unreasonably cumulative or duplicative, or can be
obtained from some other source that is more convenient, less burdensome, or less
expensive; (2) the party seeking the discovery has had ample opportunity to obtain
the information by discovery in the action; or (3) the proposed discovery falls

Case 8:21-cv-01516-KKM-AEP Document 49 Filed 01/10/22 Page 2 of 3 PageID 472

outside the scope permitted by Rule 26(b)(1). Fed. R. Civ. P. 26(b)(2)(C)(i)-(iii). As
a result, courts should permit the deposition of an incarcerated individual unless an
objecting party can demonstrate that the deposition is not relevant or proportional
to the needs of the case or that the deposition fits into one of the enumerated
categories under Rule 26(b)(2). See Truitt v. Byrd, No. 3:07-cv-204-J-32MCR, 2007
WL 2915598, at *1 (M.D. Fla. Oct. 4, 2007) (citation omitted); see also Fed. R. Civ.
P. 30 advisory committee’s note to 2015 amendment (“Rule 30 is amended in
parallel with Rules 31 and 33 to reflect the recognition of proportionality in Rule
26(b)(1).”). Here, the motion is unopposed.
Accordingly, it is hereby
ORDERED:
1.

Defendants’ Unopposed Motion for Leave to take Plaintiff’s

Deposition (Doc. 48) is GRANTED.
2.

The Sumter Correctional Institution must produce Plaintiff in a place

where he is accessible to attorneys and exhibits such as videos, pictures, and
documentary evidence on February 18, 2022, beginning at 10:00 a.m. until such
time as the deposition is concluded. Counsel may use a computer to show videos to
Plaintiff.
3.

The Sumter Correctional Institution must allow all Defense counsel, a

court reporter, a representative from the City of North Port, and Plaintiff’s counsel
to participate in the deposition.

2

Case 8:21-cv-01516-KKM-AEP Document 49 Filed 01/10/22 Page 3 of 3 PageID 473

4.

Defendants’ counsel is instructed to notify the appropriate official at

the Sumter Correctional Institution of this Order within five days.
5.

If the Florida Department of Corrections objects to any directives in

this Order, it may file an objection with the Court within 7 days of receipt of the
Order.
DONE AND ORDERED in Tampa, Florida, on this 10th day of January,
2022.

cc:

Counsel of Record

3