Opinion
Case No.: 4:02-CV-40255.
December 11, 2007
ORDER GRANTING PLAINTIFF'S REQUEST FOR LEAVE TO TAKE DEPOSITION (DKT. #173)
On October 4, 2002, Plaintiff Gregory Hardy filed a pro se civil rights complaint, pursuant to 42 U.S.C. § 1983, alleging assault, harassment, intimidations and violations of the First and Eighth Amendment (Dkt. # 3). In April this Court appointed pro bono counsel for plaintiff whose appearance was entered the following month. (Dkt # 158 and # 163.) On December 6, 2007, Plaintiff, through his pro bono counsel, has requested leave to take the deposition of inmate Kenneth Johnson (MDOC # 189941) at the St. Louis Correctional whom Plaintiff believes has knowledge regarding Plaintiff's claims (Dkt. # 173). All pretrial proceedings have been referred pursuant to 28 U.S.C. 636(b)(1)(A) and (B). For the reasons stated below, Plaintiff's request is GRANTED.
Pursuant to Local Rule 7.1(a), counsel for Defendant has indicated that counsel for Defendant does not oppose Plaintiff's deposition of Mr. Johnson. Fed.R.Civ.P. 30(a)(2)(B) provides that "a party must obtain leave of court, and the court must grant leave to the extent consistent with Rule 26(b)(2)." Fed.R.Civ.P. 30(a)(2)(B). Plaintiff's counsel has assured this Court that the deposition will be taken in a manner consistent with Fed.R.Civ.P. 26(b)(2).
Accordingly, Plaintiff's motion for leave to take the deposition of Mr. Johnson is GRANTED.
SO ORDERED.