Martin v. Garrett et al

Filing 88

ORDER granting 87 Consent Motion for Leave to Depose Incarcerated Plaintiff. Signed by Magistrate Judge W. Carleton Metcalf on 1/11/2021. (rhf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17 CV 350 MOC WCM
MARY MARTIN,

)
)
Plaintiff,
)
)
v.
)
)
NAKISHA GARRETT, in her individual
)
capacity as employee of the North Carolina
)
Department of Public Safety; BIANCA
)
HARRIS, in her individual capacity as warden )
of North Carolina Correctional Institution for )
Women; MS. THOMPKINS, in her individual )
capacity as an employee of the North Carolina )
Department of Public Safety; WALLY
)
WAZAN, in his individual capacity as
)
employee of the North Carolina Department
)
of Commerce,
)
)
Defendants.
)
______________________________________
)

ORDER

This matter is before the Court on a Consent Motion for Leave to Depose
Incarcerated Plaintiff (the “Motion,” Doc. 87) filed by Defendants Nakisha
Garrett, Mahogani Thompkins and Bianca Harris (hereinafter “NCDPS
Defendants”).
NCDPS Defendants seek to take the incarcerated Plaintiff’s deposition
pursuant to Rule 30(a)(2)(B) of the Federal Rules of Civil Procedure. The
Motion will be granted, and defense counsel will be allowed to depose Plaintiff
at the institution where she is confined in a room to be designated by the

administrator of the institution at a date to be selected by the administrator
and the NCDPS Defendants’ counsel. A guard may be present during the
deposition, if directed by the institution’s administrator.
IT IS THEREFORE ORDERED that the Consent Motion for Leave to
Depose Incarcerated Plaintiff (Doc. 87) is GRANTED.
Signed: January 11, 2021

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