Nelson v. Hartford Life Insurance Company

Filing 78

ORDER by Judge Charles R. Breyer granting in part 74 Motion for Protective Order (crblc2, COURT STAFF) (Filed on 11/14/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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DESSIE R. NELSON,

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Plaintiff,

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No. 3:13-cv-04196-CRB
ORDER GRANTING IN PART
PLAINTIFF’S EX PARTE MOTION
FOR PROTECTIVE ORDER

v.
HARTFORD LIFE INSURANCE CO., ET
AL.,

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Defendants.

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HARTFORD LIFE INSURANCE CO.,

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Third-Party Plaintiff,
v.
JULIANA JAMES, ET AL.,

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Third-Party Defendants.

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CITY OF OAKLAND

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Cross-Claimant,
v.
JULIANA JAMES, ET AL.,
Cross-Defendants.
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The Court is in receipt of Plaintiff Dessie R. Nelson’s ex parte motion for a protective
order regarding her deposition. (Dkt. 74). On August 22, 2014, this Court directed that

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Nelson’s deposition be taken within 90 days. CMC Minutes (Dkt. 63). Defendant The

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Hartford Life Insurance Company (“The Hartford”) alleges that it noticed Nelson’s

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deposition to take place on September 30, 2014; Nelson did not appear. See City of Oakland

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Conditional Non-Opp. (Dkt. 76) at 1. Nelson’s counsel subsequently sent to all counsel a

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letter dated September 29, 2014, from Dr. Fayola Abebi Edwards, M.D., which stated that

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Nelson is unable to participate in her deposition for at least three months while she undergoes

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treatment for clinical depression. See Mtn. for Protective Order at 4; Oakland Conditional

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United States District Court
For the Northern District of California

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Non-Opp. at 1. Cross-claimant City of Oakland and Defendant The Hartford conditionally

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do not oppose the present motion but request a time limit for the deposition to avoid open-

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ended delay. See City of Oakland Conditional Non-Opposition; Hartford Joinder (Dkt. 77).

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Plaintiff Nelson’s motion establishes good cause at this time for the entry of a

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protective order under Federal Rule of Civil Procedure 26(c) only for the specific three-

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month duration of her treatment beginning September 30, 2014, as represented by Dr.

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Edwards. Therefore, this Court GRANTS IN PART Nelson’s motion for a protective order

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insofar as it grants Nelson relief for three months beginning September 30, 2014, and

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ORDERS Nelson to produce herself for deposition no later than January 15, 2015.

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IT IS SO ORDERED.

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Dated: November 14, 2014
CHARLES R. BREYER
UNITED STATES DISTRICT
JUDGE

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