Opinion
Case No. 07-11613.
May 4, 2009
ORDER GRANTING DEFENDANTS' MOTION FOR LEAVE TO TAKE PLAINTIFF'S DEPOSITION (Dkt. 98)
This matter is before the Court on the motion for leave to take plaintiff's deposition filed on May 1, 2009, by defendants Correctional Medical Services, Inc. and Diana Marble, N.P. In support of their motion, defendants state that a correctional facility generally requires a written court order to allow a deposition of a prisoner and defendants seek leave to take plaintiff's deposition under Federal Rule of Civil Procedure 30(a)(2), which requires leave of court to take the deposition of an incarcerated individual and which should be permitted when consistent with the principles outlined in Rule 26(b)(2).
Having considered defendants' motion, it is GRANTED. The MDOC must produce plaintiff for his deposition. The deposition of plaintiff must take place at a date and time as agreed on by the parties and the correctional facility on or before June 22, 2009.
IT IS SO ORDERED.
The parties to this action may object to and seek review of this Order, but are required to file any objections within 10 days of service as provided for in 28 U.S.C. § 636(b)(1) and Local Rule 72.1(d)(2). A party may not assign as error any defect in this Order to which timely objection was not made. Fed.R.Civ.P. 72(a). Any objections are required to specify the part of the Order to which the party objects and state the basis of the objection. Pursuant to Local Rule 72.1(d)(2), objections must be served on this Magistrate Judge.