Opinion
21-cv-1500-MMA-KSC
09-12-2022
RICARDO VALEDEZ, Plaintiff, v. DR. MARQUEZ, Defendants.
ORDER GRANTING EX PARTE MOTION TO TAKE DEPOSITION FROM RICARDO VALDEZ [Doc. No. 14]
Horn Karen S. Crawford United States Magistrate Judge
Parties must obtain a court order before deposing any incarcerated person. See Fed.R.Civ.P. 30(a)(2)(B). Defendant seeks leave to take plaintiff's deposition in this matter because plaintiff is currently incarcerated in San Diego, California. See Doc. No. 14 at 1:23-2:4. Defendant argues there are no factors that would prevent plaintiff's deposition from going forward if noticed and that plaintiff's deposition is “crucial” to the lawsuit. See id. at 2:4-6. Defendant further requests the deposition should be conducted remotely, in conformity with Federal Rule of Civil Procedure 30(b)(4), because of concerns related to the COVID-19 pandemic. See id. at 2:6-13.
The Court agrees with defendant that plaintiff's deposition testimony is discoverable in this matter. The Court hereby GRANTS defendant's ex parte application. Plaintiff's deposition will be conducted upon reasonale notice to plaintiff, and it may be conducted remotely (in conformity with the prison's regulations and procedures).
IT IS SO ORDERED