Adrian et al v. Federal National Mortgage Association et al

Filing 54

ORDER denying 51 Motion for Protective Order. See attached order. Signed by Senior Judge Frederick J Martone on 8/5/2014.(LMR)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiffs,
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vs.
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Federal National Mortgage Association, et)
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al.,
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Defendants.
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Anthony Adrian; Maria M. Adrian,

No. CV-12-0189-PHX-FJM
ORDER

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We have before us plaintiffs’ motion for protective order (doc. 51), defendant One
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West Bank’s (the “Bank”) response (doc. 52), and plaintiffs’ reply (doc. 53).
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Plaintiffs filed this action against One West Bank and others, contending that the Bank
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wrongfully and fraudulently induced plaintiffs to default on their mortgage, ultimately
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causing the Bank’s foreclosure of and plaintiffs’ eviction from their primary residence.
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Plaintiff Anthony Adrian now seeks a protective order precluding his live deposition
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testimony and instead limiting his testimony to responding in writing to written questions.
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Adrian contends that he suffers from “post-traumatic stress disorder” and “aggravated
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suicidal emotions” related to the loss of his residence such that he is unable to testify at a live
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deposition. Motion at 2. He seeks damages in this lawsuit for these alleged injuries.
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A prohibition against the taking of a party’s deposition is a very unusual procedure
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and is rarely granted. A party seeking a protective order altogether barring the taking of a

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deposition bears a heavy burden to demonstrate good cause for such an extraordinary order.

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In support of his request, plaintiff submits an unauthenticated letter from an individual

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whom he incorrectly identifies as “Dr. Marie Walker.” Ms. Walker is not a doctor, but

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instead is a nurse practitioner. Ms. Walker’s two sentence letter provides only that Adrian

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is “currently under treatment for Post Traumatic Stress Disorder and Major Depression” and

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his “condition prevents him from undergoing the type of stressors typically endured during

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a live deposition.” Motion, Ex. A. In his reply, Adrian supplements this showing with a

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second letter from the same nurse practitioner summarily concluding that because of his

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symptoms he cannot work for two years. Reply, Ex. A. Ms. Walker provides no basis for

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her opinion, does not describe her relationship with Adrian, or her qualifications for making

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such an opinion. These conclusory statements do not constitute the specific and documented

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factual showing required to demonstrate that the taking of Adrian’s deposition would pose

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a danger to his health, particularly in light of the fact that his condition did not prevent him

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from participating in a June 18, 2014 settlement conference.

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We conclude that Adrian has failed to satisfy his heavy burden of demonstrating good
cause to support an order prohibiting his live deposition.

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IT IS ORDERED DENYING the motion for protective order (doc. 51).

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DATED this 5th day of August, 2014.

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