Bryant v. Donohue et al

Filing 21

ORDER granting 20 Motion for Leave to take the deposition of Plaintiff. Signed by Magistrate Judge Peggy A. Leen on 6/29/2017. (Copies have been distributed pursuant to the NEF - JM)

Case 2:16-cv-01172-GMN-PAL Document 20 Filed 06/27/17 Page 1 of 3

1 ROBERT W. FREEMAN
Nevada Bar No. 3062
2 [e-mail]
NOEL E. EIDSMORE
3 Nevada Bar No. 7688
[e-mail]
4 LEWIS BRISBOIS BISGAARD & SMITH LLP
6385 S. Rainbow Boulevard, Suite 600
5 Las Vegas, Nevada 89118
702.893.3383
6 FAX: [phone]
Attorneys for Defendants
7 Sgt. Christopher Donohue, Officer Duane Jensen,
and Officer John Newbold
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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12 DONELL GEROD BRYANT,
Plaintiff,

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vs.

CASE NO. 2:16-cv-1172-GMN-PAL
DEFENDANTS’ MOTION FOR LEAVE
TO TAKE THE DEPOSITION OF
DONELL GEROD BRYANT, AN
INCARCERATED PERSON

15 OFFICER DONOHUE; OFFICER JENSEN;
OFFICER JOHN DOE; OFFICER
16 NEWBOLD; OFFICER JOHN DOE;
SHERIFF LOMBARDO; LAS VEGAS
17 METROPOLITIAN POLICE
DEPARTMENT, DSD; THE STATE OF
18 NEVADA, EX REL,
Defendants.

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COMES NOW Defendants, Sergeant Christopher Donohue, Officer Duane Jensen, and

22 Officer John Newbold (“Defendants”), by and through their attorneys, Robert W. Freeman, Esq.,
23 and Noel E. Eidsmore, Esq. of LEWIS BRISBOIS BISGAARD & SMITH, and hereby move this
24 honorable Court, pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), for leave to take the
25 deposition of Plaintiff Donell Gerod Bryant, currently incarcerated.
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This motion is made based upon the pleadings and papers on file herein, the attached

27 Points and Authorities, in conjunction with other such evidence and further authorities as this

LEWIS

28 Court may require if a hearing is schedule for this matter.

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4845-9429-8443.1

Case 2:16-cv-01172-GMN-PAL Document 20 Filed 06/27/17 Page 2 of 3

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POINTS AND AUTHORITIES

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Plaintiff has filed a Civil Rights Complaint against Defendants Donohue, Jensen and
Newbold, alleging that while he was an inmate at the Clark County Detention Center he was
subjected to an illegal search and sexual assault by the Defendants.

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The deposition of Plaintiff Donell Gerod Bryant, who is currently incarcerated at
Southern Desert Correctional Center in Indian Springs, Nevada, is necessary to the
preparation of the defense in this matter.

Donell Gerod Bryant is currently incarcerated at Southern Desert Correctional Center
located in Indian Springs, Nevada. Federal Rule of Civil Procedure 30(a)(2)(B) provides that the

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deposition of a person confined in prison may only be taken by leave of court. Defendants submit
that the testimony of Donell Gerod Bryant is necessary to the preparation of the defense in this

12 matter and the only way his testimony can be preserved for trial is by taking his deposition.
13 II.

Conclusion

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Due to the vital nature of Donell Gerod Bryant’s testimony in this matter, and pursuant to

15 Federal Rule of Civil Procedure 30(a)(2)(B), Defendants respectfully request that this Court issue
16 an Order permitting Plaintiff Donell Gerod Bryant’s deposition to go forward at the place of his
17 incarceration.
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DATED this 27th day of June, 2017.

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LEWIS BRISBOIS BISGAARD & SMITH LLP

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/s/ Robert W. Freeman
Robert W. Freeman, Esq.
Nevada Bar No. 3062
Noel E. Eidsmore, Esq.
Nevada Bar No. 7688
6385 S. Rainbow Blvd, Suite 600
Las Vegas, Nevada 89118
Attorneys for Defendants

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IT IS SO ORDERED this 29th day of June, 2017.
________________________
Peggy A. Leen
United States Magistrate Judge

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LEWIS

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BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4845-9429-8443.1

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Case 2:16-cv-01172-GMN-PAL Document 20 Filed 06/27/17 Page 3 of 3

CERTIFICATE OF SERVICE

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I HEREBY CERTIFY that on the 27th day of June, 2017, I electronically filed the
DEFENDANTS’ MOTION FOR LEAVE TO TAKE THE DEPOSITION OF DONELL
GEROD BRYANT, AN INCARCERATED PERSON with the Clerk of the Court through the

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Case Management/Electronic Filing System.
CERTIFICATE OF MAILING

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I HEREBY CERTIFY that on the 27th day of June, 2017, I served a true and correct copy

9 of the foregoing DEFENDANTS’ MOTION FOR LEAVE TO TAKE THE DEPOSITION
10 OF DONELL GEROD BRYANT, AN INCARCERATED PERSON by depositing a copy of
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same in the United States Mail at Las Vegas, Nevada postage fully prepaid, addressed to:

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Donell Gerod Bryant
13 # 67983
Southern Desert Correctional Center
14 P.O. Box 208
15 Indian Springs, Nevada 89070
Plaintiff in Proper Person
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/s/ Kristen Freeman
Employee of LEWIS BRISBOIS
BISGAARD & SMITH LLP

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LEWIS

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BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4845-9429-8443.1

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