Millner v. Dileo et al

Filing 59

ORDER DENYING WITHOUT Prejudice Plaintiff's Motion for Protective Order 58 , signed by Magistrate Judge Stanley A. Boone on 7/11/2019. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES W. MILLNER,

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Plaintiff,

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v.
DR. DILEO, et al.,

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Case No. 1:17-cv-00507-SAB (PC)
ORDER DENYING WITHOUT
PREJUDICE PLAINTIFF’S MOTION FOR
PROTECTIVE ORDER
(ECF No. 58)

Defendants.

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Plaintiff James W. Millner is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. § 1983.

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Currently before the Court is Plaintiff’s “Opposition: In Part to Defendant’s Notice of

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Deposition [on] July 15, 2019[,]” filed on July 8, 2019. (ECF No. 58.) The Court interprets

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Plaintiff’s motion as a motion for protective order pursuant to Federal Rule of Civil Procedure

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26(c).

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Rule 26(c) states, in relevant part, that “[a] party … from whom discovery is sought may

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move for a protective order in the court where the action is pending” and “[t]he court may, for good

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cause, issue an order to protect a party … from annoyance, embarrassment, oppression, or undue

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burden or expense[.]” “For good cause to exist, the party seeking protection bears the burden of

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showing specific prejudice or harm will result if no protective order is granted.” Phillips v. GMC,

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307 F.3d 1206, 1210-11 (9th Cir. 2002).
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Here, Plaintiff states that, in the notice of his July 15, 2019 deposition, Defendants have

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said that, if Plaintiff’s deposition is not completed on July 15, 2019, the deposition will be

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continued, at the option of the noticing party, either from day to day or to be continued until a date

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certain. Plaintiff argues that this language in the deposition notice means that Defendants can take

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“until infinity is over to complete his deposition” in violation of the Court’s June 4, 2019 order that

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all discovery must be completed by July 19, 2019.

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However, since Plaintiff has not presented the Court with any evidence that Plaintiff’s

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deposition will not be completed on or before July 19, 2019, Plaintiff’s claim of prejudice or harm

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is speculative. Therefore, the Court finds that Plaintiff has not met his burden of showing specific

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prejudice or harm will result if no protective order is granted. Accordingly, Plaintiff’s motion for

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a protective order, (ECF No. 58), is HEREBY DENIED, without prejudice to being renewed at the

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deposition if the issue actually arises and good cause for continued hearing is not shown by the

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Defendants. In making its ruling, the Court assumes that the deposition with start promptly and/or

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without unreasonable delay by either party. Good cause may be shown if unreasonable delay occurs

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either before or during the deposition by either side.

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IT IS SO ORDERED.
Dated:

July 11, 2019
UNITED STATES MAGISTRATE JUDGE

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