Lustgraaf v. Behrens et al

Filing 330

ORDER granting 328 Motion for Leave to depose defendant Bryan Behrens, an inmate in case 8:08-cv-00335-JMG-CRZ Member Cases: 8:08-cv-00335-JMG-CRZ, 8:08-cv-00399-JMG-CRZ, 8:08-cv-00436-JMG-CRZ, 8:09-cv-00013-JMG-CRZ, 8:09-cv-00044-JMG-CRZOrdered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MARLIN LUSTGRAAF,
Plaintiff,
vs.
BRYAN S. BEHRENS, SUNSET FINANCIAL
SERVICES, INC.,

8:08CV335

MEMORANDUM AND ORDER

Defendants.
JEAN POOLE, Trustees of the Poole Family Trust;
and DEE POOLE, Trustees of the Poole Family
Trust;

8:08CV399

Plaintiffs,
vs.
BRYAN S. BEHRENS, SUNSET FINANCIAL
SERVICES, INC.,
Defendants.
MILO VACANTI,
Plaintiff,

8:08CV436

vs.
SUNSET FINANCIAL SERVICES, INC., BRYAN
S. BEHRENS,
Defendants.
WILLIAM GREEN, JOANN GREEN,
Plaintiffs,

8:09CV13

vs.
SUNSET FINANCIAL SERVICES, INC., BRYAN
S. BEHRENS,
Defendants.
MILO VACANTI,
Plaintiff,
vs.
SUNSET FINANCIAL SERVICES, INC.,
BRYAN S. BEHRENS,
Defendants.

8:09CV44

This matter is before the court on the Plaintiffs’ Unopposed Motions for Leave to Depose
Bryan S. Behrens, who is currently incarcerated in the Federal Bureau of prisons.

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 plaintiffs’ motions to depose Bryan S. Behrens are granted. The depositions
will commence on January 22, 2013, or at a date and time agreeable to the penal
facility where Mr. Behrens is housed. The location of the deposition shall be a
place agreeable to the administration of that penal facility.

2)

Defendant Bryan S. Behrens is ordered to attend his deposition as scheduled, and
he shall cooperate fully with the deposition process to the extent required by law.

3)

Mr. Behrens 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
subject the defendant to civil or criminal contempt proceedings and may, in turn,
impact the Bureau of Prisons’ calculation of his earned and unearned good time
credit and, accordingly, his date for release from prison.

4)

A copy of this order shall be attached to the notice of deposition served on Mr.
Behrens. If the notice is served on Mr. Behren’s counsel, his counsel shall
forward the notice with this order to Mr. Behrens and shall file a certificate of
service stating he has done so and the manner of service implemented.
January 2, 2013.

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

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