Martin v. Garrett et al

Filing 90

ORDER granting 89 Consent Motion for Leave to Depose Incarcerated Prisoners. Signed by Magistrate Judge W. Carleton Metcalf on 3/5/2021. (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 Prisoners (the “Motion,” Doc. 89) filed by Defendant Wally Wazan
(“Wazan”).
Wazan seeks leave to take the depositions of two incarcerated inmates,
Kesha Monique Moore (“Moore”) and Dawn Michelle Murphy (“Murphy”),
pursuant to Rule 30(a)(2)(B) of the Federal Rules of Civil Procedure. Wazan
states that Plaintiff listed Moore and Murphy in Plaintiff’s initial disclosures
as individuals who had relevant information regarding this matter, and

similarly identified them during her deposition. Wazan states in the Motion
that both Moore and Murphy are currently incarcerated, and counsel for all
parties have agreed upon a mutually convenient date for these depositions.
The Motion will be granted, and counsel will be allowed to depose Kesha
Monique Moore and Dawn Michelle Murphy at the institution where they are
incarcerated in a room to be designated by the administrator of the institution
at a date to be selected by the administrator and Wazan’s 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 Prisoners (Doc. 89) is GRANTED.

Signed: March 5, 2021

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