Bryant v. The State of Nevada, ex rel, et al.,

Filing 18

ORDER Granting Defendants' 17 Motion for Leave to Take Deposition of an Incarcerated Person. Signed by Magistrate Judge Cam Ferenbach on 8/8/2017. (Copies have been distributed pursuant to the NEF - SLD)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 5 DONELL BRYANT, 6 Plaintiff, 7 8 vs. KITCHEN MANAGER JOHN DOE, et al., 9 2:16-cv-01584-APG-VCF ORDER Defendants. 10 Before the Court is the Defendants’ Motion for Leave to Take the Deposition of Donell Gerod 11 12 Bryant, an Incarcerated Person (ECF No. 17), filed on July 18, 2017. 13 Defendants request leave to take Plaintiff’s deposition, who is currently incarcerated at Southern 14 Desert Correctional Center located in Indian Springs, Nevada, pursuant to Rule 30(a)(2)(B) of the Federal 15 Rules of Civil Procedure. Rule 30(a)(2) requires a party to seek leave of court to depose an incarcerated 16 individual. The Court finds that Defendants have established good cause to grant its motion. 17 To date, no opposition has been filed and the time to file an opposition has passed. Under LR 7- 18 2(d), the failure of an opposing party to file points and authorities in response to any motion, except a 19 motion under Fed. R. Civ. P. 56 or a motion for attorney’s fees, constitutes a consent to the granting of 20 the motion. Here, it would seem that Plaintiff has consented to the granting of the instant motion. 21 Accordingly, 22 IT IS HEREBY ORDERED that Defendants’ Motion for Leave to Take Deposition of an 23 /// 24 /// 25 /// 1 2 Incarcerated Person (ECF No. 17) is GRANTED. DATED this 8th day of August, 2017. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 _________________________ CAM FERENBACH UNITED STATES MAGISTRATE JUDGE

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