Estate of Antonio Thomas v. County of Sacramento

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ESTATE OF ANTONIO THOMAS, et al., No. 2:20-cv-0903 KJM DB Plaintiffs, v. ORDER COUNTY OF SACRAMENTO et al., Defendants. 16 On July 9, 2021, the parties filed a Joint Motion for Leave to Depose a Prisoner pursuant to Rule 30 of the Federal Rules of Civil Procedure. (ECF No. 53.) The motion is noticed for hearing before the undersigned on July 30, 2021. The motion explains that the parties jointly seek leave to depose Faron Mello, who is currently incarcerated at the Rio Cosumnes Correctional Center. (Id. at 5.) “[T]he plain language of Rule 30(a) [of the Federal Rules of Civil Procedure] requires ‘leave of court’ when the deponent is confined in prison.” Ashby v. McKenna, 331 F.3d 1148, 1151 (10th Cir. 2003). //// //// //// 27 1 The undersigned finds that the motion may be decided without a hearing pursuant to Local Rule 230(g). Accordingly, IT IS HEREBY ORDERED that: 1. The parties’ July 9, 2021…