Opinion
Case No. 04-cv-01619-LTB-BNB.
November 18, 2010
ORDER
This matter arises on Defendants' Opposed Motion for Leave to Take Preservation Deposition of Craig Durkin [Doc. # 486, filed 10/27/2010] (the "Motion"). The Motion seeks an order allowing the defendants to conduct a preservation deposition of Craig Durkin for use at an evidentiary hearing on December 20, 2010. The Motion recites that Mr. Durkin is the "purported author of one of the documents whose falsity will be determined at the evidentiary hearing"; he lives in Washington, D.C., and is not subject to the subpoena power of this court; and his testimony is necessary. I ordered the plaintiff to respond to the Motion by November 17, 2010, but no response was received.
Good cause being shown,
IT IS ORDERED that the Motion is GRANTED. The defendants may take the deposition of Mr. Durkin and record it by videotape at such date and time as may be established by a notice of deposition and, if necessary, subpoena.
Dated November 18, 2010.