Jo Ann Howard and Associates, P.C. et al v. Cassity et al

Filing 1396

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that each counsel expecting to appear at any of the five named prisons listed in the Joint Report shall complete a security clearance form, a copy of which is attached to this Order, and shall otherwis e comply with the procedures and provisions discussed herein. Respective counsel shall supply dates at least two weeks before the scheduled depositions occur. IT IS FURTHER ORDERED that Plaintiffs' otion to Obtain Leave of the CourtPursuan t to F.R.C.P. 30(a)(2)(B) to Depose Defendant Brent Douglas Cassity, Who is Confinedin Prison' [ECF No. 1386 ] is GRANTED. IT IS FURTHER ORDERED that Plaintiffs' 'Motion to Obtain Leave of the Court Pursuant to F.R.C.P. 30(a)(2)(B) to Depose Defendant James Douglas Cassity, Who is Confined in Prison' [ECF No. 1387 ] is GRANTED. IT IS FURTHER ORDERED that Plaintiffs' "Motion to Obtain Leave of the Court Pursuant to F.R.C.P. 30(a)(2)(B) to Depose Defendant Sharon Nekol Province, Who is Confined in Prison" [ECF No. 1388 ] is GRANTED. IT IS FURTHER ORDERED that Plaintiffs' "Motion to Obtain Leave of the Court Pursuant to F.R.C.P. 30(a)(2)(B) to Depose Defendant Randall K. Sutton, Who is Confin ed in Prison" [ECF No. 1389 ] is GRANTED. IT IS FURTHER ORDERED that Plaintiffs' "Motion to Obtain Leave of the Court Pursuant to F.R.C.P. 30(a)(2)(B) to Depose Defendant Howard Wittner, Who is Confined in Prison" [ECF No. [1390 ]] is GRANTED. IT IS HEREBY ORDERED that Plaintiffs' "Motion to Obtain Leave of the Court Pursuant to F.R.C.P. 30(a)(2)(B) to Depose Defendant David R. Wulf, Who is Confined in Prison" [ECF No. 1391 ] is GRANTED. Signed by District Judge E. Richard Webber on February 7, 2014. (Attachments: # 1 Security Clearance Form)(BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

JO ANN HOWARD &
ASSOCIATES, P.C., et al.,
Plaintiffs,
vs.
J. DOUGLAS CASSITY, et al.,
Defendants.

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Case No. 4:09CV01252 ERW

MEMORANDUM AND ORDER
This matter comes before the Court on the “Joint Report Regarding Depositions of
Incarcerated Defendants by Plaintiffs and Defendants National City Bank and PNC Bank” [ECF
No. 1370]; Plaintiffs’ “Motion to Obtain Leave of the Court Pursuant to F.R.C.P. 30(a)(2)(B) to
Depose Defendant Brent Douglas Cassity, Who is Confined in Prison” [ECF No. 1386];
Plaintiffs’ “Motion to Obtain Leave of the Court Pursuant to F.R.C.P. 30(a)(2)(B) to Depose
Defendant James Douglas Cassity, Who is Confined in Prison” [ECF No. 1387]; Plaintiffs’
“Motion to Obtain Leave of the Court Pursuant to F.R.C.P. 30(a)(2)(B) to Depose Defendant
Sharon Nekol Province, Who is Confined in Prison” [ECF No. 1388]; Plaintiffs’ “Motion to
Obtain Leave of the Court Pursuant to F.R.C.P. 30(a)(2)(B) to Depose Defendant Randall K.
Sutton, Who is Confined in Prison” [ECF No. 1389]; Plaintiffs’ “Motion to Obtain Leave of the
Court Pursuant to F.R.C.P. 30(a)(2)(B) to Depose Defendant Howard Wittner, Who is Confined
in Prison” [ECF No. 1390]; and Plaintiffs’ “Motion to Obtain Leave of the Court Pursuant to
F.R.C.P. 30(a)(2)(B) to Depose Defendant David R. Wulf, Who is Confined in Prison” [ECF No.
1391].

Upon consideration of the Joint Report Regarding Depositions of Incarcerated
Defendants and the motions seeking leave to depose the incarcerated individuals, the Court
informs the parties as follows. A security clearance form, a copy of which is attached to this
Order, must be completed by each counsel expecting to appear at any of the five named prisons
listed in the Joint Report. Counsel who anticipate appearing at more than one prison location,
however, need complete only one form to be admitted to any of the five listed prisons. The
wardens at all listed prisons are being contacted by a representative of the Probation Office for
the Eastern District of Missouri, to notify them of the number of attorneys to be present at each
location and to inform them of videoconferencing requirements and telephone connections that
need to be available. For attorneys requesting videoconferencing, equipment will be arranged in
the Probation Office in the Thomas F. Eagleton Courthouse. If counsel intends to receive a video
feed at a location other than the Probation Office, arrangements for location and equipment
requirements will be made in advance of the scheduled depositions. Respective counsel shall
supply dates at least two weeks before the scheduled depositions. The Court appreciates the
cooperation of counsel in preparing the Joint Report. The Court is available by telephone to
confer about any issue that may arise in implementing the plan to complete the deposition
schedule.
Accordingly,
IT IS HEREBY ORDERED that each counsel expecting to appear at any of the five
named prisons listed in the Joint Report shall complete a security clearance form, a copy of
which is attached to this Order, and shall otherwise comply with the procedures and provisions
discussed herein. Respective counsel shall supply dates at least two weeks before the scheduled
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depositions occur.
IT IS FURTHER ORDERED that Plaintiffs’ “Motion to Obtain Leave of the Court
Pursuant to F.R.C.P. 30(a)(2)(B) to Depose Defendant Brent Douglas Cassity, Who is Confined
in Prison” [ECF No. 1386] is GRANTED.
IT IS FURTHER ORDERED that Plaintiffs’ “Motion to Obtain Leave of the Court
Pursuant to F.R.C.P. 30(a)(2)(B) to Depose Defendant James Douglas Cassity, Who is Confined
in Prison” [ECF No. 1387] is GRANTED.
IT IS FURTHER ORDERED that Plaintiffs’ “Motion to Obtain Leave of the Court
Pursuant to F.R.C.P. 30(a)(2)(B) to Depose Defendant Sharon Nekol Province, Who is Confined
in Prison” [ECF No. 1388] is GRANTED.
IT IS FURTHER ORDERED that Plaintiffs’ “Motion to Obtain Leave of the Court
Pursuant to F.R.C.P. 30(a)(2)(B) to Depose Defendant Randall K. Sutton, Who is Confined in
Prison” [ECF No. 1389] is GRANTED.
IT IS FURTHER ORDERED that Plaintiffs’ “Motion to Obtain Leave of the Court
Pursuant to F.R.C.P. 30(a)(2)(B) to Depose Defendant Howard Wittner, Who is Confined in
Prison” [ECF No. 1390] is GRANTED.
IT IS HEREBY ORDERED that Plaintiffs’ “Motion to Obtain Leave of the Court
Pursuant to F.R.C.P. 30(a)(2)(B) to Depose Defendant David R. Wulf, Who is Confined in
Prison” [ECF No. 1391] is GRANTED.
Dated this

7th

day of February, 2014.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE
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