Adams v. Lewis et al

Filing 87

ORDER granting 82 Motion to Take Deposition of Plaintiff. Defendants may depose Plaintiff at the Trousdale Turner Correctional Center at a time that is mutually agreed upon by the parties and Plaintiff's custodians, and the deposition may be recorded by videographic and stenographic means. Signed by Magistrate Judge Susan K. Lee on 09/05/2023. (KRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
CHRISTOPHER ADAMS,

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Plaintiff,
v.
RANDALL LEWIS,
FRANK STRADA, and
SHAWN PHILLIPS,
Defendants.

No.:

1:22-CV-125-SKL

ORDER
Defendants have filed a motion for leave to depose Plaintiff, a prisoner proceeding pro se
and in forma pauperis in a civil rights action under 42 U.S.C. § 1983 [Doc. 82]. Because
Defendants seek to depose an incarcerated witness, the Court’s authorization is required. See Fed.
R. Civ. P. 30(a)(2)(B).
Plaintiff initiated this action. “It is axiomatic that when a party initiates a lawsuit. . . the
opposing party has the presumptive right to depose him.” In re Ohio Execution Protocol Litig.,
No. 2:11-CV-1016, 2019 WL 11851135, at *2 (S.D. Ohio Aug. 23, 2019). And Plaintiff’s sworn
testimony constitutes discoverable information under Rule 26(b) of the Federal Rules of Civil
Procedure. Fed. R. Civ. P. 26(b). Therefore, the Court GRANTS Defendants’ motion [Doc. 82].
Defendants may depose Plaintiff at the Trousdale Turner Correctional Center at a time that is
mutually agreed upon by the parties and Plaintiff’s custodians, and the deposition may be recorded
by videographic and stenographic means.
SO ORDERED.
ENTER:

s/Susan K. Lee
SUSAN K. LEE
UNITED STATES MAGISTRATE JUDGE

Case 1:22-cv-00125-SKL Document 87 Filed 09/05/23 Page 1 of 1 PageID #: 1198