Fernandez
Fernandez v. Duarte
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 FRANK J. FERNANDEZ, Case No.: 3:22-cv-00446-BAS-VET
Plaintiff,
ORDER GRANTING DEFENDANT’S
v. REQUEST FOR LEAVE TO DEPOSE
PLAINTIFF
E. DUARTE,
Defendant. [Doc. No. 69] 16 17 Before the Court is Defendant’s Nunc Pro Tunc Request for Leave to Depose Plaintiff (“Request”). Doc. No. 69. Therein, Defendant seeks leave to depose Plaintiff pursuant to Federal Rule of Civil Procedure 30.1 Id. at 2. Defendant concedes, however, that Plaintiff’s deposition already occurred, and that he erred by failing to obtain leave from the Court prior to the deposition. Doc. No. 69-1 at 2. Plaintiff opposes the request, arguing prejudice based on the deposition being taken without leave of court, as required by Rule 30. Doc. No. 77 (“Opposition”) at 2. For the reasons stated below, the Court GRANTS Defendant’s Request. 26 27 Unless otherwise indicated, all references to a “Rule” are to the Federal…