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