Taylor v. Vicky et al

Filing 117

ORDER denying 115 Motion for permission to conduct depositions by written question. Signed by David A. Sanders on 11/18/10. (ncb, USDC)

Taylor v. Vicky et al

Doc. 117

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION JOSEPH TAYLOR v. SUE RADINGER, NURSE ORDER Before the court is the plaintiff's motion for permission to conduct depositions by written questions (# 115). The plaintiff has filed his motion pursuant to FED. R. CIV. P. 31 and seeks to obtain the deposition testimony of non-party correctional officers. The defendant essentially responds that the evidence sought by the plaintiff will not be admissible at trial. However, the defendant overlooks the correct discovery standard, as a request for relevant information need only be "reasonably calculated to lead to the discovery of admissible evidence." See FED. R. CIV. P. 26(b)(1). Nonetheless, the court finds the motion should be denied because the period allowed for discovery and the motions deadline have long expired, and the plaintiff has not shown good cause for an extension. THEREFORE, IT IS ORDERED that the plaintiff's motion for permission to submit written deposition questions to witnesses is hereby DENIED. This, the 18TH day of November, 2010. PLAINTIFF No. 4:06CV81-GHD-DAS DEFENDANT

/s/ David A. Sanders UNITED STATES MAGISTRATE JUDGE

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