Plaintiff,
`
`
`
`
`
`Case No. 2:24-cv-10248
`District Judge George Caram Steeh
`Magistrate Judge Kimberly G. Altman
`
`TERRION HARVEY,
`
`
`
`v.
`
`JASON HUBBLE, QUENTIN
`MARINO, UNKNOWN MARIO,
`JASON HUISKENS, JAMES
`MARQUEZ, JEFF
`BRECHTELSBAUER, and ERIC
`WEBER,
`
`Defendants.
`
`_________________________________/
`
`
`Case 2:24-cv-10248-GCS-KGA ECF No. 18, PageID.77 Filed 09/26/24 Page 1 of 5
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`
`
`
`ORDER GRANTING DEFENDANTS’ MOTION TO
`EXTEND THE SCHEDULING ORDER (ECF No. 16)
`AND
`GRANTING DEFENDANTS’ MOTION TO
`TAKE PLAINTIFF’S DEPOSITION (ECF No. 17)
`AND
`DIRECTING THE CLERK TO UPDATE
`PLAINTIFF’S ADDRESS
`
`Introduction
`
`I.
`
`
`
`This is a civil rights case under 42 U.S.C. § 1983. Plaintiff Terrion Harvey
`
`(Harvey), proceeding pro se, alleges that Jason Hubble (Hubble) or Quentin
`
`Marino (Marino) sexually assaulted him while he was confined in the Saginaw
`
`County Jail and defendants Mario, Jason Huiskens (Huiskens), James Marquez
`
`
`
`1
`
`
`
`
`
`
`
`Case No. 2:24-cv-10248
`District Judge George Caram Steeh
`Magistrate Judge Kimberly G. Altman
`
`TERRION HARVEY,
`
`
`
`v.
`
`JASON HUBBLE, QUENTIN
`MARINO, UNKNOWN MARIO,
`JASON HUISKENS, JAMES
`MARQUEZ, JEFF
`BRECHTELSBAUER, and ERIC
`WEBER,
`
`Defendants.
`
`_________________________________/
`
`
`Case 2:24-cv-10248-GCS-KGA ECF No. 18, PageID.77 Filed 09/26/24 Page 1 of 5
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`
`
`
`ORDER GRANTING DEFENDANTS’ MOTION TO
`EXTEND THE SCHEDULING ORDER (ECF No. 16)
`AND
`GRANTING DEFENDANTS’ MOTION TO
`TAKE PLAINTIFF’S DEPOSITION (ECF No. 17)
`AND
`DIRECTING THE CLERK TO UPDATE
`PLAINTIFF’S ADDRESS
`
`Introduction
`
`I.
`
`
`
`This is a civil rights case under 42 U.S.C. § 1983. Plaintiff Terrion Harvey
`
`(Harvey), proceeding pro se, alleges that Jason Hubble (Hubble) or Quentin
`
`Marino (Marino) sexually assaulted him while he was confined in the Saginaw
`
`County Jail and defendants Mario, Jason Huiskens (Huiskens), James Marquez
`
`
`
`1
`
`
`
`Case 2:24-cv-10248-GCS-KGA ECF No. 18, PageID.78 Filed 09/26/24 Page 2 of 5
`
`(Marquez), Jeff Brechtelsbauer (Brechtelsbauer), and Eric Weber (Weber) failed to
`
`prevent or stop it.1 See ECF No. 1. Defendants are all corrections officers at the
`
`Saginaw County Jail. (ECF No. 11, PageID.37-38). Under 28 U.S.C. § 636(b)(1),
`
`all pretrial matters have been referred to the undersigned. (ECF No. 13).
`
`
`
`Before the Court are Hubble, Marino, Huiskens, Marquez, Brechtelsbauer
`
`and Weber’s motion to extend the scheduling order and motion to take Harvey’s
`
`deposition. (ECF Nos. 16, 17). For the reasons discussed below, the motion to
`
`extend will be GRANTED, and the motion to take Harvey’s deposition will be
`
`GRANTED. In addition, the Clerk is directed to update Harvey’s address to reflect
`
`that he has been transferred to the Ionia Correctional Facility.
`
`II. Discussion
`
`A. Motion to Extend the Scheduling Order
`
`
`
`Under the current scheduling order, discovery closed on September 23,
`
`2024, and dispositive motions are due by October 23, 2024. (ECF No. 15). On
`
`September 24, 2024, defendants moved to extend these deadlines by 60 days.
`
`(ECF No. 16). Defendants explain that Harvey moved facilities and did not update
`
`his address with the Court, so they have been unable to serve him with discovery
`
`
`1 In their answer, defendants deny that Mario is a person who is employed as an
`officer at the Saginaw County Sheriff’s Department.
`2
`
`
`
`
`
`Case 2:24-cv-10248-GCS-KGA ECF No. 18, PageID.79 Filed 09/26/24 Page 3 of 5
`
`requests or a deposition notice. (ECF No. 16, PageID.70-71). As such, the Court
`
`finds good cause to grant an extension.
`
`B. Motion to Take Harvey’s Deposition
`
`Federal Rule of Civil Procedure 30 provides broad access to persons for
`
`depositions. Rule 30(a)(2)(B), however, requires a party to obtain leave of court
`
`where, as here, “the deponent is confined in prison.” In determining whether it is
`
`appropriate to grant leave to conduct such a deposition, Rule 30(a)(2) provides that
`
`“the court must grant leave to the extent consistent with Rule 26(b)(1) and (2)[.]”
`
`According to Rule 26(b)(1), the scope of discovery is as follows:
`
`Parties may obtain discovery regarding any nonprivileged matter that
`is relevant to any party’s claim or defense and proportional to the needs
`of the case, considering the importance of the issues at stake in the
`action, the amount in controversy, the parties’ relative access to
`relevant information, the parties’ resources, the importance of the
`discovery in resolving the issues, and whether the burden or expense of
`the proposed discovery outweighs its likely benefit.
`
`
`Thus, the “language of Rule 30(a)(2) requires the Court to authorize a deposition
`
`unless the deponent is seeking privileged, irrelevant, or unnecessarily costly
`
`information.” McGinnis v. Huq, No. 16-cv-13461, 2017 WL 1044989, at *1 (E.D.
`
`Mich. Mar. 20, 2017) (emphasis in original).
`
`Considering these factors, the Court concludes that defendants’ request to
`
`depose Harvey is consistent with the applicable Federal Rules of Civil Procedure
`
`and otherwise appropriate.
`
`
`
`3
`
`
`
`Case 2:24-cv-10248-GCS-KGA ECF No. 18, PageID.80 Filed 09/26/24 Page 4 of 5
`
`C. Harvey’s Address
`
`
`
`In their motion, defendants explain that they discovered Harvey is no longer
`
`incarcerated at Macomb Correctional Facility, his address of record. (ECF No. 16,
`
`PageID.70). The Court has searched Michigan’s Offender Tracking System and
`
`discovered that Harvey is now incarcerated at the Ionia Correctional Facility. The
`
`Clerk is directed to update Harvey’s address to:
`
`Ionia Correctional Facility
`1576 W. Bluewater Highway
`Ionia, MI 48846
`
`Harvey is cautioned that this is a one-time courtesy. Going forward, Harvey is
`
`expected to update the Court with any changes to his address in accordance with
`
`the Court’s requirements. See ECF No. 5.
`
`III. Conclusion
`
`
`
`For the reasons discussed above, defendants’ motion to extend the
`
`scheduling order, (ECF No. 16), is GRANTED. The parties shall adhere to the
`
`following schedule:
`
`DISCOVERY CUT OFF:
`
`DISPOSITIVE MOTIONS:
`
`
`
`
`
`
`
`
`
`
`
`
`
`December 23, 2024
`
`January 23, 2025
`
`JOINT FINAL PRETRIAL STATEMENTS:
`
`TRIAL BRIEFS, MOTIONS IN LIMINE:
`
`PRETRIAL CONFERENCE:
`
`
`
`
`
`
`TO BE SCHEDULED
`
`TO BE SCHEDULED
`
`TO BE SCHEDULED
`
`
`
`
`
`
`
`4
`
`
`
`Case 2:24-cv-10248-GCS-KGA ECF No. 18, PageID.81 Filed 09/26/24 Page 5 of 5
`
`TRIAL DATE:
`
`
`
`
`
`
`
`
`
`
`
`TO BE SCHEDULED
`
`
`
`Additionally, defendants’ motion to take Harvey’s deposition, (ECF No. 17),
`
`is GRANTED. While it appears that Harvey is currently confined at the Ionia
`
`Correctional Facility, defendants may depose him at whichever MDOC facility he
`
`is confined to on the date of the deposition. Defendants may conduct Harvey’s
`
`deposition either in person or via Zoom or another similar platform.
`
`Finally, the Clerk is directed to update Harvey’s address as indicated above.
`
`SO ORDERED.
`
`Dated: September 26, 2024
`Detroit, Michigan
`
`
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`
`
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`CERTIFICATE OF SERVICE
`
`
`s/Kimberly G. Altman
`KIMBERLY G. ALTMAN
`United States Magistrate Judge
`
`
`
`The undersigned certifies that the foregoing document was served upon
`counsel of record and any unrepresented parties via the Court’s ECF System to
`their respective email or First Class U.S. mail addresses disclosed on the Notice of
`Electronic Filing on September 26, 2024.
`
`
`s/Julie Owens
`Case Manager
`
`
`
`
`
`
`
`5
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`
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