Kennedy v. County of Lancaster, et al

Filing 74

ORDER granting 73 Motion for Leave to depose a confined person. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MARK KENNEDY, Personal Representative
of the Estate of Jonathan Kennedy, Deceased;
4:12CV3247
Plaintiff,
vs.

ORDER

COUNTY OF LANCASTER, a Nebraska
Political Subdivision; et al;
Defendants.
This matter is before the court on the Plaintiff's motion for leave to depose Devin
Kirstine, who is currently incarcerated at the Nebraska Correctional Youth Facility. (Filing No.
73). Federal Rule of Civil Procedure Rule 30(a)(2)(B) states that a party must obtain leave of
court to depose a person confined in prison. Leave shall be granted to the extent consistent with
the principles stated in Rule 26(b)(2). Fed.R.Civ.P. 30(a)(2).
Accordingly,
IT IS ORDERED:
1) The Plaintiff's motion to depose Devin Kirstine is granted. The depositions will
commence on July 1, 2014, at 2:00 p.m. or at such other date and time agreeable to
the parties and to the penal facility where Devin Kirstine is housed. The location of
the deposition shall be a place agreeable to the administration of that penal facility.
2) Devin Kirstine is ordered to attend the deposition as scheduled, and shall cooperate
fully with the deposition process to the extent required by law.
3) Devin Kirstine is reminded that failure to attend and fully cooperate in the deposition
process will be deemed a violation of this court’s order, which may result in civil or
criminal contempt proceedings, and may also impact the calculation of earned and
unearned good time credit.
4) A copy of this order shall be attached to the notice of deposition served on Devin
Kirstine. If the notice is served on counsel for Devin Kirstine, the deponent’s counsel
shall forward the notice with this order to Devin Kirstine and shall file a certificate of
service stating the date and manner of service.
June 12, 2014.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge