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- ned;;8:16-cv-00524_de156 RegisterActionDate "2019-07-09" @default.
- ned;;8:16-cv-00524_de156 RegisterActionDescriptionText "MEMORANDUM AND ORDER - IT IS ORDERED: The Motion to Appoint Counsel filed by Plaintiff D416B25, (Filing No. 124 ), is denied without prejudice to re-filing if the substantive merits of the right to marry claim must be decided by the court, either by motion or at trial. Plaintiff's objections, (Filing Nos. 128 and 131 ), are overruled, and Defendants' Motion to Depose a Confined Person and to extend the deposition deadline, (Filing No. 126 ), is granted as follows: a. Defendants' deposition of 3042C7E will commence at a date and time agreeable to the penal facilities where 3042C7E and Plaintiff D416B25 are housed. The location of the deposition shall be a place agreeable to the administration of that penal facility. b. 3042C7E is ordered to attend the deposition as scheduled, and 3042C7E shall cooperate fully with the deposition process to the extent required by law. c. 3042C7E is reminded that failing to attend and fully cooperate in the deposition process will be deemed a violation of this court's order, which may result in civil or criminal contempt proceedings, and may also impact the calculation of earned and unearned good time credit. d. A copy of this order shall be attached to the notice of deposition served on 3042C7E. If the notice is served on counsel for 3042C7E, the deponent's counsel shall forward the notice with this order to 3042C7E and shall file a certificate of service stating the date and manner of service. e. If D416B25 chooses to participate in the deposition of 3042C7E, he shall do so telephonically. f. D416B25 participation will be limited to the objection and cross-examination purposes provided under Fed. R. Civ. P. 30(c). Defendants may suspend the deposition and contact the Court if D416B25 attempts to use the deposition for any other communicative purpose. g. D416B25 is reminded that absent a showing of good cause, his failure to attend the deposition of 3042C7E as scheduled will be deemed a waiver of any right to attend, and to cross-examine or question 3042C7E prior to trial. D416B25 is further reminded that any failure to fully cooperate in the deposition process, or any attempt to use this deposition for any purpose other than securing testimony relevant to this lawsuit, will be deemed a violation of this court's order, which may result in civil or criminal contempt proceedings, and may also impact the calculation of earned and unearned good time credit. D416B25 Motion to Depose Michael Gooch, his former court-appointed counsel, (Filing No. 132 ), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(TCL) (Entered: 07/10/2019)" @default.
- ned;;8:16-cv-00524_de156 AdministrativeID "133" @default.
- ned;;8:16-cv-00524_de156 hasJudgeReference SJ001420 @default.
- ned;;8:16-cv-00524_de156 hasReferenceToOtherEntry ned;;8:16-cv-00524_de147 @default.
- ned;;8:16-cv-00524_de156 hasReferenceToOtherEntry ned;;8:16-cv-00524_de149 @default.
- ned;;8:16-cv-00524_de156 hasReferenceToOtherEntry ned;;8:16-cv-00524_de151 @default.
- ned;;8:16-cv-00524_de156 hasReferenceToOtherEntry ned;;8:16-cv-00524_de154 @default.
- ned;;8:16-cv-00524_de156 hasReferenceToOtherEntry ned;;8:16-cv-00524_de155 @default.