Farnsworth et al v. Johnson

Filing 57

ORDER DENYING PLAINTIFF'S 53 Motion for Deposition Transcripts- Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BRANDON FARNSWORTH, et al.,
Case No. 17-10966
District Judge Robert H. Cleland
Magistrate Judge R. Steven Whalen

Plaintiffs,
v.
CAREY JOHNSON,
Defendant.
___________________________________/

ORDER DENYING PLAINTIFF FARNSWORTH’S MOTION FOR
DEPOSITION TRANSCRIPTS
Plaintiff Brandon Farnsworth (“Plaintiff”) is an inmate currently housed at the
Macomb Correctional Facility, a Michigan Department of Corrections (“MDOC”) institution.
On February 27, 2020, he filed the present motion, requesting transcripts of the deposition
set for December 10, 2019 of his co-Plaintiff Tyrone Williams (“Williams”). [ECF No. 53].
However, Defendant Carey Johnson (“Johnson”) states in his January 31, 2020 motion
to dismiss that two attempts to depose Williams have been unsuccessful. [ ECF No. 47,
PageID.224]. Johnson states that Williams, now paroled, called to cancel the deposition
scheduled for December 10, 2019 on December 9. Id. Although Williams received notice
by certified mail of a deposition scheduled for January 17, 2020, he failed to show. Id.
Johnson states that Williams left a voice mail over one week later, stating that he had
acquired a new job. Id. Williams reportedly directed Johnson’s attorney to call him but did
-1-

not leave a telephone number. Id. None of the subsequent pleadings indicate that the
proposed deposition ever occurred. So there is no transcript, and the Court cannot order the
production of something that does not exist.
Accordingly, Plaintiff Farnsworth’s motion [ECF No. 53] is DENIED.
IT IS SO ORDERED.
s/R. Steven Whalen
R. STEVEN WHALEN
United States Magistrate Judge
Dated: April 1, 2020

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record
on April 1, 2020 electronically and/or by U.S. mail.
s/Carolyn M. Ciesla
Case Manager

-2-