Johnson v. Sierra County Board of County Commissioners et al

Filing 127

ORDER by Magistrate Judge Gregory J. Fouratt granting 123 Motion for Deposition of Person Confined in Prison. (kdj)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO

BRIAN JOHNSON,
Plaintiff,
v.

Civ. No. 16-11 RB/GJF

SIERRA COUNTY BOARD OF
COUNTY COMMISSIONERS, et al.,
Defendants.

ORDER GRANTING JOINT MOTION FOR LEAVE
TO TAKE DEPOSITION OF DEFENDANT VERGIL EATON
THIS MATTER having come before the Court upon the parties’ “Joint Motion for an
Order Granting Leave for the parties to take the Deposition of Defendant Vergil Eaton, a person
confined in prison, pursuant to Fed.R.Civ.P. 30(a)(2)(B)” (“Joint Motion”) [ECF No. 123], and
the Court having reviewed the Motion, noting it is jointly proposed, and being otherwise fully
advised in the premises, finds that the Motion is well taken and will be GRANTED.
IT IS THEREFORE ORDERED that the deposition of Defendant Vergil Eaton shall be
taken under the following conditions:
Defendant Vergil Eaton’s deposition in a New Mexico prison may be taken at any time
prior to November 17, 2017, with leave for the deposition to be taken in-person, by sound
and visual, and/or by stenographic means, with Plaintiff being granted leave to notice
Defendant Eaton’s deposition and the party noticing the deposition bearing the cost of
Defendant Eaton’s deposition. Upon agreement of the parties, the costs of Defendant
Eaton’s deposition may also be apportioned half and half between Plaintiff and
Defendants. Defendant Eaton is currently in prison at the Otero County Prison Facility,
10 McGregor Range Road, Chaparral, NM 88081.

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IT IS SO ORDERED.

___________________________________________
HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE

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