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Carbajal v. St. Anthony Central Hospital

United States District Court, D. Colorado

June 2, 2014

DEAN CARBAJAL, Plaintiff,
v.
ST. ANTHONY CENTRAL HOSPITAL, a corporation, CENTURA HEALTH, a corporation, STEPHAN M. SWAN, Physician Assistant, in his official and individual capacities, GREGORY J. ENGLUND, Registered Nurse, in his official and individual capacities, MARCI L. HANSUE, Registered Nurse, in her official and individual capacities, MICHAEL O'NEILL, Police Officer for the Denver Police Department, in his official and individual capacities, JAY LOPEZ, Police Officer for the Denver Police Department, in his official and individual capacities, LARRY BLACK, Police Officer for the Denver Police Department, in his official and individual capacities, and APEX, a corporation, Defendants.

ORDER

KRISTEN L. MIX, Magistrate Judge.

This matter is before the Court on Motion for Leave to Take Prisoner Deposition [#207] (the "Motion"), filed by Defendants Michael O'Neill, Jay Lopez, and Larry Black (collectively, the "Denver Defendants"). The Denver Defendants seek an Order allowing them to conduct the deposition of Plaintiff, an incarcerated individual. Pursuant to Fed.R.Civ.P. 30(a)(2)(B), "[a] party must obtain leave of court... if the deponent is confined in prison." Plaintiff Dean Carbajal, #110955, is presently incarcerated by the Colorado Department of Corrections at Arkansas Valley Correctional Facility, 12750 Highway 96 at Lane 13, Ordway, CO 81034. Accordingly,

IT IS HEREBY ORDERED that the Motion [#207] is GRANTED.

IT IS FURTHER ORDERED that the Denver Defendants may take Plaintiff's deposition with regard to this litigation.

IT IS FURTHER ORDERED that the deposition shall take place at Arkansas Valley Correctional Facility or, if Plaintiff is moved to a different correctional facility subsequent to this Order, at Plaintiff's new correctional facility.


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