Smolen, Jr. v. Wesley et al

Filing 129

ORDER AUTHORIZING THE DEPOSITIONS OF INCARCERATED PLAINTIFF: Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), it is hereby ORDERED that an Assistant Attorney General may take the deposition of plaintiff Samuel Smolen, DIN 85-A-4082 by vi deoconference before a notary public, or some other officer authorized to administer oaths by the laws of the United States or of the State of New York, at any New York State Correctional Facility, upon notice to the plaintiff and the Superintende nt of the correctional facility where he is then located. Plaintiff is advised that if he fails to attend and complete his own deposition, the Court may impose sanctions pursuant to Fed. R. Civ. P. 37(d), which may include an order dismissing this action. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/25/2021) (ks)

Case 7:16-cv-02417-PMH Document 129 Filed 01/25/21 Page
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Case 7-16-cv-02417-PMH Document 128 Filed in NYSD on 01/22/20211 ofPage 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------x
SAMUEL J. SMOLEN, JR,
16-CV-2417 (PMH)
Plaintiff,

[PROPOSED] ORDER
AUTHORIZING
THE DEPOSITION OF
INCARCERATED PLAINTIFF

-AgainstC.O. M. WESLEY, et al,
Defendants.
---------------------------------------------------------------x
Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), it is hereby ORDERED that an
Assistant Attorney General may take the deposition of plaintiff Samuel Smolen, DIN 85-A-4082
by videoconference before a notary public, or some other officer authorized to administer oaths by
the laws of the United States or of the State of New York, at any New York State Correctional
Facility, upon notice to the plaintiff and the Superintendent of the correctional facility where he is
then located.
Plaintiff is advised that if he fails to attend and complete his own deposition, the Court may
impose sanctions pursuant to Fed. R. Civ. P. 37(d), which may include an order dismissing this
action.
Dated: New York, NY
January 25
____________________, 2021
SO ORDERED
__________________________
Hon. Philip M. Halpern
United States District Judge