Opinion
Civil No. 05-3971 (RMB), [Doc. No. 29].
August 12, 2008
ORDER
This matter is before the Court on the Motion to Depose a State Inmate [Doc. No. 29] filed by Keith S. Massey, Jr., Esquire, on behalf of the New Jersey Office of the Attorney General, counsel for Defendant, Karen Balicki; and Defendant seeking to depose Plaintiff, Eric Potter; and Defendant arguing that Plaintiff is currently incarcerated in Northern State Prison; and Defendant further arguing that Plaintiff's deposition testimony is necessary to Defendant's defense of this matter; and Plaintiff not filing opposition to Defendant's Motion; and
The Court finding that pursuant to Fed.R.Civ.P. 30(a)(2)(B), a party must obtain leave of court to depose any person confined to prison at the time of the deposition; and the Court further finding that Plaintiff's deposition is relevant to this case and Defendant is entitled to his deposition to prepare her defense of this case; and for good cause shown
IT IS on this 12th day of August 2008 hereby
ORDERED that Defendant's Motion to Depose a State Inmate is GRANTED; and it is further
ORDERED that the deposition of Plaintiff, Eric Potter, shall take place at a date and time convenient to the parties and the Superintendent of Northern State Prison, and at a location designated by the Superintendent; and it is further
ORDERED that Plaintiff shall be notified of the date and time of the scheduled deposition as soon as is reasonably possible.