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					     Case 2:07-cv-00355-MHT-TFM           Document 24        Filed 01/03/2008      Page 1 of 3



                         IN THE UNITED STATES DISTRICT COURT
                         FOR THE MIDDLE DISTRICT OF ALABAMA
                                  NORTHERN DIVISION


RICHARD DANIELS,                                 *
                                                 *
           Plaintiff,                            *
                                                 *
v.                                               *           Case No.
                                                 *           2:07-CV-355-WKW
GEORGIA POWER COMPANY and                        *
SOUTHERN COMPANY,                                *
                                                 *
           Defendants.                           *


                   DEFENDANT GEORGIA POWER COMPANY’S MOTION
                         FOR LEAVE TO DEPOSE PLAINTIFF

           Comes now Defendant Georgia Power Company (“Georgia Power”) and, pursuant to

Rule 30(a)(2) of the Federal Rules of Civil Procedure, respectfully requests leave of Court to

take the video deposition of Plaintiff Richard Daniels (“Daniels”), an inmate presently

incarcerated in a federal penitentiary. As grounds for this motion, Georgia Power states as

follows:

           1.     On or about April 27, 2007, Daniels filed this action against Georgia Power

asserting claims for personal injury arising from an incident where the vehicle he was operating

came in contact with a power line.

           2.     Plaintiff is presently incarcerated at the Federal Correctional Institution Big

Spring in or around Big Spring, Texas. According to records of the Federal Bureau of Prisons,

Daniels’ release date is April 24, 2009. The jury trial of this matter is scheduled for October 20,

2008.




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    Case 2:07-cv-00355-MHT-TFM              Document 24         Filed 01/03/2008       Page 2 of 3



           3.     In order to prepare for the trial of this matter in a timely manner and so as to fully

defend against the claims asserted in this case, Georgia Power must depose Daniels.

           4.     Pursuant to Fed. R. Civ. P. 30(a)(2), Georgia Power is required to obtain “leave of

court … if the person to be examined is confined in prison.”

           5.     The parties have tentatively agreed to conduct the video deposition of Plaintiff in

late January or early February, 2008.

           6.     Granting Georgia Power leave to depose Daniels will not prejudice Daniels in any

way.

           WHEREFORE, PREMISES CONSIDERED, Defendant Georgia Power Company

respectfully requests leave of court to take the video deposition of Richard Daniels, the plaintiff

in this action.

           Dated this 3rd day of January, 2008.


                                                  /s/ G. Lane Knight
                                                  One of the Attorneys for Defendant Georgia Power
                                                  Company

OF COUNSEL:

John G. Smith (ASB-8146-T68J)                         Jerry Buchanan (ASB-9094-U75J)
G. Lane Knight (ASB-6748-I72K)                        P.O. Box 2848
BALCH & BINGHAM LLP                                   Columbus, Georgia 31902
Post Office Box 78                                    Telephone: (706)323-2848
Montgomery, AL 36101-0078                             Facsimile: (706)323-4242
Telephone: (334) 834-6500                             Email: jab@buchananland.com
Facsimile: (866) 316-9461
E-mail: jgsmith@balch.com
Email: lknight@balch.com




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    Case 2:07-cv-00355-MHT-TFM               Document 24         Filed 01/03/2008       Page 3 of 3



                                    CERTIFICATE OF SERVICE

           I hereby certify that on January 3, 2008, I electronically filed the foregoing with the Clerk

of the Court using the CM/ECF system which will send notification of such filing to the

following:

Larry W. Morris
Jeremy Knowles
P.O. Box 1660
Alexander City, Alabama 35011-1660

Joe Sawyer
203 South Edwards Street
Enterprise, Alabama 36330

Attorneys for Plaintiff Richard Daniels



                                                         /s/ G. Lane Knight
                                                         Of Counsel




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