Adams v. Albertson et al

Filing 122

DISCOVERY ORDER re 119 Letter, 120 Letter. Signed by Judge Maria-Elena James on 11/7/2011. (cdnS, COURT STAFF) (Filed on 11/7/2011)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MARK LETELL ADAMS Plaintiff, 8 No. C 10-4787 WHA (MEJ) ORDER RE DISCOVERY DISPUTES v. Docket Nos. 119, 120 9 RONALD ALBERTSON, et al., 10 Defendants. _____________________________________/ 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 The Court is in receipt of two discovery dispute letters, filed on November 4, 2011. Dkt. 13 14 Nos. 119, 120. Upon review of the parties’ letters, the Court ORDERS as follows: 15 1) Defendants are permitted to go forward with the deposition of Teresa Adams. The marital 16 privilege must be narrowly construed because it obstructs the truth seeking process. United 17 States v. White, 974 F.2d 1135, 1138 (9th Cir. 1992). The privilege is waived where, as here, 18 a third party is present or where one spouse is the victim of the other spouse’s criminal act. 19 United States v. Marashi, 913 F.2d 724, 730 (9th Cir. 1980). 20 2) Third parties Apple, Inc., Philip Takakjian, Ph.D, Palo Alto Medical Foundation, and 21 Sequoia Hospital shall comply with Defendants’ subpoenas by November 15, 2011. 22 IT IS SO ORDERED 23 24 25 26 27 28 Dated: November 7, 2011 _______________________________ Maria-Elena James Chief United States Magistrate Judge

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