Grant v. Heidorn et al

Filing 24

ORDER signed by Chief Judge William C Griesbach on 2/22/2018 Denying 23 Motion to Depose the Defendants and Denying 23 Motion to Amend Scheduling Order. (cc: all counsel, via US Mail to Grant) (Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

STEPHEN L. GRANT,
Plaintiff,
v.

Case No. 17-C-1579

RICHARD HEIDORN, et al.,
Defendants.

ORDER

Plaintiff Stephen Grant filed this action pursuant to 42 U.S.C. § 1983, alleging that his civil
rights were violated. Plaintiff now requests an order permitting him to depose the defendants and
also seeks to amend the scheduling order. These motions will be denied. Plaintiff does not need a
court order to conduct depositions. The court notes, however, that Plaintiff must give notice to the
individuals he seeks to depose and must arrange for an oath-administering officer and stenographer
to be present at the deposition and pay for their services. See Fed. R. Civ. P. 30(a)(1). In addition,
as the party noticing the deposition, Plaintiff would be responsible for all costs associated with
holding the deposition. Fed. R. Civ. P. 30(b)(3)(A). The court is not authorized to waive these
costs, even for an individual proceeding in forma pauperis pursuant to 28 U.S.C. § 1915(a).
As to Plaintiff’s motion to amend the scheduling order, Plaintiff requests that the court
“amend its scheduling order to thirty (30) day time periods, so that plaintiff would have immediate
use of the institution’s law library.” ECF No. 23 at 2. He asserts that the next court deadline is
scheduled for May 10, 2018, and as a result, he will not receive “court deadline” library passes until

April 10, 2018. The court will not impose separate discovery deadlines so that Plaintiff may
circumvent the institution’s library policy. All discovery must be completed by May 10, 2018.
IT IS THEREFORE ORDERED that Plaintiff’s motion to depose the defendants is
DENIED.
IT IS FURTHER ORDERED that Plaintiff’s motion to amend the scheduling order is
DENIED.
Dated this 22nd day of February, 2018.
s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court

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