Deerborne Cottages, L.L.C. et al v. First Bank et al

Filing 52

ORDER granting Motion 48 . The Court GRANTS the parties leave of Court to depose Defendant Greenwood on January 18, 2013. Signed by Magistrate Judge Dennis Howell on 12/28/12. (emw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11cv178
DEERBORNE COTTAGES, L.L.C.
et al.,

)
)
)
Plaintiffs,
)
)
v.
)
)
G. GORDON GREENWOOD and
)
RAYNIA J. WHITE,
)
)
Defendants.
)
___________________________________ )

ORDER

Pending before the Court is the Motion to for Leave to Depose Defendant
Greenwood [# 48]. Defendant Greenwood is currently an inmate in a federal
prison in South Carolina. Plaintiffs now move this Court for an order pursuant to
Rule 30(a)(2)(B) of the Federal Rules of Civil Procedure granting them leave to
depose Defendant Greenwood. Defendants consent to the motion. Upon a review
of the record and the relevant legal authority, the Court GRANTS the motion
[# 48]. The Court GRANTS the parties leave of Court to depose Defendant
Greenwood on January 18, 2013.
Although Plaintiffs also request that this Court order the person in charge of
G. Gordon Greenwood at the FCI Edgefield Correctional Institution to produce
Defendant Greenwood, provide them with a room at the prison sufficiently large

enough to conduct the deposition, and allow counsel for Defendant Greenwood
forty-five minutes prior to the deposition to confer with their client, the parties cite
no legal authority authorizing this Court to order a prison official who is not a
party to this dispute and is located outside of this Court’s jurisdiction to perform
actions outside of the jurisdiction of the Court. Although Rule 30(a)(2)(B)
provides that leave of Court is required prior to deposing a prisoner, it does not
grant the Court authority to order prison officials in South Carolina to take specific
acts. Absent the parties providing legal authority to this Court demonstrating that
is has such authority, the Court will not issue an Order directing prison officials
outside of the jurisdiction of this Court to undertake and specific acts.

Signed: December 28, 2012