Arita v. Hooker et al

Filing 139

RULING: Plaintiff's motions (R. Docs. 108-113, 119 and 123-129) to take depositions are denied. Signed by Magistrate Judge Stephen C. Riedlinger on 11/20/2015. (BCL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

THEODORE ARITA (#422864)
VERSUS

CIVIL ACTION

MAJ. HOOKER, ET AL

NUMBER 14-116-BAJ-SCR

RULINGS ON MOTIONS TO TAKE DEPOSITIONS
Before the Court are numerous motions filed by the plaintiff
to depose the defendant correctional officers (R. Docs. 108-113,
119 and 123-129).
Plaintiff

These motions are opposed.1

seeks

an

order

permitting

him

to

depose

the

defendants, appointing a certified stenographic reporter, i.e. a
certified court reporter, before whom the depositions will be
taken, and that the cost be covered by his in forma pauperis
status.
Although the plaintiff has been granted leave to proceed as a
pauper, without prepayment of the Court’s filing fee and the cost
for service of process upon the defendants, that does not include
taking depositions without paying the costs to do so or without
complying with the applicable provisions of Rule 30, Fed.R.Civ.P.
“In forma pauperis status does not require the Government to
advance funds to pay for deposition expenses.”

1

R. Doc. 118.

Brown v. Carr, 236

F.R.D. 311 (S.D.Tex. 2006), citing Tajeddini v. Gluch, 942 F. Supp.
772 (D.Conn. 1996).

For the plaintiff to have the depositions

recorded by a certified court reporter, he must arrange for a court
reporter, including payment - in advance if required by the court
reporter - of the court reporter’s fees and expenses and the cost
of copies of the transcripts.

After the plaintiff certifies that

he made payment arrangements satisfactory to the court reporter,
for example by providing a receipt for any payment deposit required
by the court reporter, the Court will reconsider allowing the
plaintiff to schedule the depositions.

There is no point to

allowing the plaintiff to serve deposition notices when he has not
provided any indication that there will be a court reporter present
to record the depositions.

Any deposition allowed must then be

noticed as provided by Rule 30(b), Fed.R.Civ.P.
Accordingly, the plaintiff’s motions to take depositions are
DENIED.
Baton Rouge, Louisiana, November 20, 2015.

STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE

2