Martinez v. Las Vegas Metropolitan Police Department et al

Filing 41

ORDER granting ECF No. 40 Defendant's motion for leave to take Plaintiff's deposition. Signed by Magistrate Judge Nancy J. Koppe on 2/27/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MIGUEL A. MARTINEZ,
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Plaintiff,
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vs.
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LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, et al.,
Defendants.

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Case No. 2:15-cv-00883-MMD-NJK
ORDER
(Docket No. 40)

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Pending before the Court is Defendant Officer Michael Donovan’s motion for leave to take the

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deposition of Plaintiff Miguel A. Martinez. Docket No. 40. Defendant submits that Plaintiff is currently

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incarcerated and, therefore, he requires leave of court to take Plaintiff’s deposition in the instant case. Id.

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at 1-2. Defendant submits that Plaintiff’s testimony is “necessary to the preparation of the defense in this

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matter and the only way his testimony can be preserved for trial is by taking his deposition.” Id. at 2. No

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response was filed. See Docket.

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Pursuant to Fed.R.Civ.P. 30(a)(2)(B), a party must seek leave to conduct a deposition if the

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deponent is confined in prison. Accordingly, Defendant’s motion for leave to take Plaintiff’s deposition,

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Docket No. 40, is hereby GRANTED.

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IT IS SO ORDERED.

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DATED: February 27, 2018.

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge