Banuelos v. Acadia Healthcare Company, Inc. et al

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
DEBORAH GRAY, as Next Friend of 	)
REBECAH BANUELOS, 	)
)
Plaintiffs, 	)
)
v. 	) 	Case No. 19-CV-338-JFH
)
ACADIA HEALTHCARE COMPANY, INC., 	)
ROLLING HILLS HOSPITAL, LLC, 	)
)
Defendants. 	)
O R D E R
This matter comes before the Court on Defendants’ Motion for
Order 	Permitting 	Deposition 	of 	Rebecah 	Banuelos, 	an 	Incarcerated
Person 	(Docket 	Entry 	#95). 	This 	Motion 	was 	referred 	to 	the
undersigned 	for 	disposition 	by 	United 	States 	District 	Judge 	John
F. Heil, III, by Minute Order entered July 9, 2020.
Defendants 	merely 	seek 	an 	order 	from 	the 	Court 	pursuant 	to
Federal 	Rule 	of 	Civil 	Procedure 	30(a)(2)(B) 	to 	depose 	Rebecah
Banuelos, 	who 	is 	reportedly 	incarcerated 	in 	Bernalillo 	County
Jail, in Albuquerque, New Mexico. Although Plaintiff Deborah Gray
commenced the action, Defendants contend that Ms. Banuelos is the
real 	party 	in 	interest 	and 	has 	been 	designated 	by 	Plaintiff 	as 	a
person having information pertinent to the issues in the case, has
signed 	discovery 	responses 	in 	the 	case, 	and 	is 	likely 	to 	testify
at 	a 	trial 	of 	this 	matter. 	Defendants 	argue 	Ms. 	Banuelos’s
deposition 	is 	clearly 	within 	the 	scope 	of 	discovery 	and
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proportional 	to 	the 	needs 	of 	the 	case, 	as 	only 	Ms. 	Banuelos 	has
direct information regarding the allegations raised in the lawsuit
and her alleged damages.
Plaintiff 	has 	no 	objection 	to 	the 	taking 	of 	Ms. 	Banuelos’s
deposition in this matter. However, in her response to Defendants’
Motion, Plaintiff raises objections to the timing and scope of the
deposition. She maintains that although Ms. Banuelos is currently
in 	custody 	awaiting 	criminal 	charges, 	she 	is 	also 	enrolled 	in 	a
court-ordered, 	short-term 	treatment 	program 	related 	to 	the
physical 	and 	emotional 	injuries 	she 	suffered 	as 	a 	result 	of 	the
allegations 	raised 	in 	this 	lawsuit. 	Plaintiff 	requests 	that 	any
order 	allowing 	for 	Ms. 	Banuelos’s 	deposition 	direct 	that 	the
deposition 	be 	scheduled 	on 	a 	date 	after 	the 	completion 	of 	her
court-ordered treatment. To the extent Defendants plan to question
Ms. 	Banuelos 	regarding 	issues 	impacting 	her 	pending 	criminal
charges, Plaintiff also objects to the scope of the deposition. 1
With 	regard 	to 	the 	taking 	of 	a 	deposition, 	Federal 	Rule 	of
Civil 	Procedure 	30(a)(2)(B) 	requires 	that 	to 	take 	a 	deposition
“[a] 	party 	must 	obtain 	leave 	of 	court, 	and 	the 	court 	must 	grant
leave to the extent consistent with Rule 26(b)(1) and (2) . . . if
the deponent is confined in prison.” Even if the deponent confined
in prison is a plaintiff, leave of court is required to depose the
1 	In her response, Plaintiff states she plans to file a separate
motion for a protective order specific to the scope of the deposition.
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prisoner plaintiff. See Ashby v. McKenna, 331 F.3d 1148, 1150 (10th
Cir. 2003).
This 	Court 	finds 	Defendants 	are 	entitled 	to 	the 	requested
leave 	to 	take 	the 	deposition 	of 	Ms. 	Banuelos 	in 	this 	action
pursuant 	to 	Federal 	Rule 	of 	Civil 	Procedure 	30(a)(2)(B). 	Any
request 	by 	Plaintiff 	for 	the 	Court 	to 	impose 	restrictions 	on 	the
date and scope of the deposition is either premature and/or shall
be filed as an appropriate motion under Rule 26(c). However, this
Court 	expects 	the 	parties 	to 	cooperate 	in 	good 	faith 	when
coordinating 	a 	date 	for 	the 	deposition, 	balancing 	Ms. 	Banuelos’s
treatment needs with the current deadlines in the case.
IT 	IS 	THEREFORE 	ORDERED 	that 	Defendants’ 	Motion 	for 	Order
Permitting Deposition of Rebecah Banuelos, an Incarcerated Person
(Docket Entry #95) is hereby GRANTED.
IT IS SO ORDERED this 19th day of August, 2020.
_____________________________
KIMBERLY E. WEST
UNITED STATES MAGISTRATE JUDGE
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