Opinion
CASE NO. C10-5410-RSM-MAT
10-31-2011
JAMES A. BATTLE, JR., Plaintiff, v. ALAN BAALAER, et al., Defendants.
ORDER DENYING PLAINTIFF'S
MOTION TO STRIKE HIS
DEPOSITION
This is a civil rights action brought pursuant to 42 U.S.C. § 1983. This matter comes before the Court at the present time on plaintiff's motion for an order striking his deposition. The Court having reviewed plaintiff's motion, and the balance of the record, does hereby ORDER as follows:
(1) Plaintiff's motion for an order striking his deposition (Dkt. No. 96) is DENIED. Plaintiff complains in his motion to strike that he was deposed by defendants before he had an opportunity to be heard in opposition to defendants' motion to take his deposition. The Court did, in fact, expedite review of defendants' motion to take plaintiff's deposition at defendants' request. However, as was explained by the Court in its order granting defendants' motion , the Court expedited its review because plaintiff had no valid basis for objecting to the taking of his deposition in the first instance. Plaintiff's insistence that defendants' obtain a court order before conducting the deposition was just another way in which plaintiff has attempted to harass defendants and obstruct these proceedings. Plaintiff offers no valid basis for striking his deposition and the instant motion is therefore properly denied as frivolous.
(2) The Clerk is directed to send copies of this Order to plaintiff, to counsel for defendants, and to the Honorable Ricardo S. Martinez.
Mary Alice Theiler
United States Magistrate Judge