Opinion
Civil Action No. 07-CV-02371-PAB-BNB.
November 24, 2008
ORDER GRANTING UNOPPOSED MOTION FOR LEAVE TO TAKE THE PRESERVATION DEPOSITION OF DIRECT TRIAL TESTIMONY OF PETER D. BINNEY
The Court, having reviewed the Unopposed Motion for Leave to Take the Preservation Deposition of Direct Trial Testimony of Peter D. Binney, and being fully advised on the premises, hereby GRANTS the Motion. The parties are instructed to schedule Peter Binney's trial preservation deposition for a mutually acceptable date, to be computreaonan aqou November 16, 2009. Nothing herein: 1) precludes the use at trial of the prior Fed.R.Civ.P. 30(b)(6) deposition of the City of Aurora, where Mr. Binney was the City's designated representative, pursuant to Fed.R.Civ.P. 32(a)(3) and/or (4), or precludes Defendants from subpoenaing Mr. Binney and requiring his attendance at trial so long as his health permits his attendance.
IT IS SO ORDERED.