Opinion
6:18-cv-608-JA-LHP
04-25-2023
HERBERT JOHNSON, Plaintiff, v. EAST COAST WAFFLES, Defendant
ORDER
(AND DIRECTION TO CLERK OF COURT)
LESLIE HOFFMAN PRICE, UNITED STATES MAGISTRATE JUDGE.
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: UNOPPOSED MOTION FOR LEAVE TO DEPOSE INCARCERATED NON-PARTY WITNESS AL-JALIL BYRD (Doc. No. 101)
FILED: April 19, 2023
THEREON it is ORDERED that the motion is GRANTED.
Defendant seeks leave of Court for the parties to conduct the deposition of a non-party witness who is incarcerated, Al-Jalil Byrd. Doc. No. 101. Plaintiff does not oppose. Id. at 3. Upon consideration, the Court finds the request well taken. See Fed.R.Civ.P. 30(A)(2)(B). See also Aviation Koncepts, Inc. v. Starr Indem. & Liab. Co., No. 19-60513-CIV, 2019 WL 7708456, at *1 (S.D. Fla. Nov. 27, 2019) (“The Court . . . should permit the deposition of an incarcerated individual unless an objecting party can show why the deposition is impermissible under [Fed. R. Civ. P. 26(b)(1)(, (2)].”).
Accordingly, the Motion (Doc. No. 101) is GRANTED, and the parties may take the deposition of Al-Jalil Byrd at a date and time agreed to by the parties. Counsel shall coordinate the deposition with the officials at Al-Jalil Byrd's place of incarceration.
Although Defendant's Motion (Doc. No. 101) was docketed as ex parte, there is no apparent reason for the ex parte designation. Accordingly, the Clerk of Court is DIRECTED to remove the ex parte designation from the Motion (Doc. No. 101) and this Order, and to ensure that this Order is sent to counsel of record.
DONE and ORDERED.