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Demaille v. Nassau County

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


April 13, 2009

VINCENT J. DEMAILLE, PLAINTIFF,
v.
NASSAU COUNTY, EDWARD RIELLY, SHERIFF OF NASSAU COUNTY CORRECTIONAL CENTER, NASSAU HEALTH CARE CORPORATION, AND DR. KANTH, DEFENDANT.

The opinion of the court was delivered by: Lindsay, Magistrate Judge

ORDER

Before the court is the plaintiff's letter application dated April 7, 2009, seeking permission to depose Stylionos Sikalas at his home. By order dated March 23, 2009 order, the court gave the plaintiff permission to prepare written deposition questions for Mr. Sikalas or to take his deposition by telephone. The court further directed the plaintiff to either send the written questions to counsel for the defendants who would then forward the questions to the deponent or to indicate that he wished to proceed with a telephone deposition, in which case counsel for the defendants would arrange for the telephone deposition.

According to the plaintiff, after the issuance of the order, Mr. Sikalas advised the plaintiff that he would be willing to provide testimony about the issues in the case. Given Mr. Sikalas' willingness to appear for a deposition and the fact that he is no longer in jail, the court will permit the plaintiff to take Mr. Sikalas' deposition in person. The plaintiff shall prepare a subpoena for Mr. Sikalas' deposition and submit it to the court to be so ordered. Upon receipt of the so ordered subpoena, the plaintiff is directed to serve the subpoena on Mr. Sikalas. The deposition may not take place in the plaintiff's home. The plaintiff may make arrangements to have the deposition taken in the courthouse by contacting Jean Bollbach at (631) 712-6047.

SO ORDERED.

ARLENE R. LINDSAY United States Magistrate Judge

20090413

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