Stacy et al v. BNSF Railway Company

Filing 41

ORDER denying, as moot, 40 Motion for audio recording of deposition. Signed by Magistrate Judge Jeremiah C. Lynch on 5/7/2014. (TCL, ) Modified on 5/7/2014 to reflect copy mailed to Dean Stacy (APP, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
DEAN STACY, NORMA STACY,
DONALD STACY, STEVE CARVEY,
and ANTHONY STACY,

CV 13–87–M–DWM–JCL

ORDER

Plaintiffs,
vs.
BNSF RAILWAY COMPANY, a
Delaware corporation,
Defendant.

Plaintiffs move the Court for permission to record the deposition testimony
of Dr. Brad Black by audio recording. Fed. R. Civ. P. 30(b)(3)(A) allows
deposition testimony to be “recorded by audio, audiovisual, or stenographic
means[,]” unless otherwise ordered by the court. Thus, a party need not obtain
leave of court to have deposition testimony recorded by audio.
A party must, however, comply with all the requirements of Rule 30,
including those set forth in Rule 30(b), (e) and (f).

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Because the Plaintiffs need not obtain leave of court to record Dr. Black’s
deposition testimony by audio, the motion is denied as moot.
IT IS SO ORDERED.
DATED this 7th day of May, 2014.

Jeremiah C. Lynch
United States Magistrate Judge

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