Opinion
Case No. 07-12964.
October 22, 2008
ORDER GRANTING DEFENDANT'S EX PARTE MOTION FOR LEAVE TO TAKE PLAINTIFF'S DEPOSITION (Dkt. 31)
This matter is before the Court on Millicent Warren's ex parte motion for Michigan Department of Corrections (MDOC) to produce plaintiff for deposition, filed on October 21, 1008. (Dkt. 31). In support of her motion, defendant states that plaintiff is confined in a Michigan correctional facility and written court order is required to allow the deposition of a prisoner. This is consistent with Federal Rule of Civil Procedure 30(a)(2), which requires leave of court to take the deposition of an incarcerated individual and which should be permitted when consistent with the principles outlined in Rule 26(b)(2).
Having considered the motion, it is GRANTED. The MDOC is ordered to produce plaintiff for his deposition. The deposition of plaintiff must take place at a date and time agreed on by the parties and the correctional facility, on or before November 26, 2008.
IT IS SO ORDERED.
The parties to this action may object to and seek review of this Order, but are required to file any objections within 10 days of service as provided for in 28 U.S.C. § 636(b)(1) and Local Rule 72.1(d)(2). A party may not assign as error any defect in this Order to which timely objection was not made. Fed.R.Civ.P. 72(a). Any objections are required to specify the part of the Order to which the party objects and state the basis of the objection. Pursuant to Local Rule 72.1(d)(2), objections must be served on this Magistrate Judge.