Opinion
2:20-cv-0903 KJM DB
07-22-2021
ESTATE OF ANTONIO THOMAS, et al., Plaintiffs, v. COUNTY OF SACRAMENTO et al., Defendants.
ORDER
DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE
On July 9, 2021, the parties filed a Joint Motion for Leave to Depose a Prisoner pursuant to Rule 30 of the Federal Rules of Civil Procedure. (ECF No. 53.) The motion is noticed for hearing before the undersigned on July 30, 2021. The motion explains that the parties jointly seek leave to depose Faron Mello, who is currently incarcerated at the Rio Cosumnes Correctional Center. (Id at 5.) “[T]he plain language of Rule 30(a) [of the Federal Rules of Civil Procedure] requires ‘leave of court' when the deponent is confined in prison.” Ashby v. McKenna, 331 F.3d 1148, 1151 (10th Cir. 2003).
The undersigned finds that the motion may be decided without a hearing pursuant to Local Rule 230(g).
Accordingly, IT IS HEREBY ORDERED that:
1. The parties' July 9, 2021 joint motion for leave to depose a prisoner (ECF No. 53) is granted;
2. The July 30, 2021 hearing of the motion for leave is vacated; and
3. The parties may depose Faron Mello.