Hopkins v. Reed et al

Filing 63

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' Motion to Take Second Deposition [Doc. # 61] be granted. IT IS FURTHER ORDERED that Plaintiff shall appear for deposition on November 7, 2014, at 10:30 a.m. at Southeast Correctional Center. Signed by Magistrate Judge Abbie Crites-Leoni on 10/29/2014. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
LARRY L. HOPKINS,
Plaintiff,
vs.
CHARLES REED, et al.,
Defendants.

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Case No. 1:13 CV 126 ACL

MEMORANDUM AND ORDER
Plaintiff, an inmate at Southeast Correctional Center (“SECC”), brings this action pursuant
to 42 U.S.C. ' 1983. Presently pending is Defendants’ Motion to Take Second Deposition.
[Doc. # 61].
On October 27, 2014, Defendants filed a Motion to Take Second Deposition, in which they
request leave pursuant to Rule 30 to take the deposition of Plaintiff Larry L. Hopkins on November
7, 2014, at 10:30 a.m., in regard to allegations against Defendant Paula Phillips. Defendants state
that Plaintiff amended his Complaint to add Defendant Philips after they had taken Plaintiff’s
deposition on July 30, 2014.
Rule 30(a)(2)(B) provides: “A party must obtain leave of court, and the court must grant
leave to the extent consistent with Rule 26(b)(2): (B) if the deponent is confined in prison.” In the
January 23, 2014 Case Management Order, the Court granted Defendants leave, pursuant to Rule
30(a), to take Plaintiff’s deposition, upon reasonable notice. [Doc. 24] The Case Management
Order further provided that all discovery in this case must be completed by July 24, 2014.
The Court finds that Defendants’ request to take Plaintiff’s deposition in regard to
additional allegations against Defendant Phillips is reasonable and appropriate.

Accordingly,
IT IS HEREBY ORDERED that Defendants’ Motion to Take Second Deposition
[Doc. # 61] be granted.
IT IS FURTHER ORDERED that Plaintiff shall appear for deposition on November 7,
2014, at 10:30 a.m. at Southeast Correctional Center.

Dated this 29th

day of October, 2014

ABBIE CRITES-LEONI
UNITED STATES MAGISTRATE JUDGE

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