Ford v. Bartolamedi ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PATRICK FORD, No. 2:19-cv-0191 TLN DB 12 Plaintiff, 13 v. ORDER 14 VICTOR BORTOLAMEDI, as an individual, and FRANK VELA, as an 15 individual, 16 Defendants. 17 18 On June 29, 2020, defendant Victor Bortolamedi filed a motion to compel and noticed the 19 motion for hearing before the undersigned pursuant to Local Rule 302(c)(1). (ECF No. 23.) The 20 motion is noticed for hearing before the undersigned on July 24, 2020.1 According to defendant’s 21 memorandum in support, plaintiff is a state prisoner represented by counsel.2 (MTC (ECF No. 22 24) at 1.) Defendant seeks to depose plaintiff. (Id.at 3.) 23 //// 24 1 The undersigned finds that defendant’s motion to compel may be decided without a hearing 25 pursuant to Local Rule 230(g). 26 2 In the future, the parties shall brief discovery disputes in compliance with Local Rule 251 and 27 the undersigned’s Standard Information. See http://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states-magistrate- 28 judge-deborah-barnes-db. 2.4 UV PRINCE MVOC or PIR fete PF Aye eve 1 “(T]he plain language of Rule 30(a) [of the Federal Rules of Civil Procedure] requires 2 | ‘leave of court’ when the deponent is confined in prison.” Ashby v. McKenna, 331 F.3d 1148, 3 } 1151 (10th Cir. 2003). And plaintiff has not filed an opposition to defendant’s motion. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. Defendant’s June 29, 2020 motion to compel (ECF No. 23) is granted: 6 2. The July 24, 2020 hearing of defendant’s motion is vacated; and 7 3. Defendant Bartolamedi may depose plaintiff on or before October 1, 2020. 8 | Dated: July 20, 2020 9 10 ll ORAH BARNES UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 | DLB:6 33 DB\orders\orders.civil\ford0191.mtc.no.opp.ord 24 25 26 27 28