Federal Trade Commission v. DIRECTV, Inc. et al

Filing 122

Discovery Order re: 121 Discovery Letter Brief re: Solis Deposition. Signed by Judge Maria-Elena James on 3/16/2016. (cdnS, COURT STAFF) (Filed on 3/16/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FEDERAL TRADE COMMISSION,

Case No. 15-cv-01129-HSG (MEJ)

Plaintiff,
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DISCOVERY ORDER

v.

Re: Dkt. No. 121

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DIRECTV, INC., et al.,
Defendants.

United States District Court
Northern District of California

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The Court is in receipt of the parties’ discovery dispute letter concerning Defendants

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DIRECTV and DIRECTV, LLC’s (collectively, “DIRECTV”) request to compel an oral

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deposition of Paula Selis, a former Assistant Attorney General for the State of Washington who

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represented Washington in the litigation that resulted in multistate settlement agreements

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regarding DIRECTV’s advertising. Dkt. No. 121. Although she is not a party in this case,

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Plaintiff Federal Trade Commission (“FTC”) submitted Ms. Selis’s declaration in support of its

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Opposition to DIRECTV’s pending Motion for Partial Summary Judgment. Dkt. No. 75. In her

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Declaration, Ms. Selis states that she was Washington’s lead attorney in connection with its

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complaint against DIRECTV, as well as negotiation and entry of the settlement agreement

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between Washington and DIRECTV. Selis Decl. ¶ 4.

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The parties previously brought this dispute to the Court’s attention (see Dkt. Nos. 89, 91)

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and, after a hearing on the matter, the Court allowed DIRECTV to depose Ms. Selis, but by

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written deposition questions. Dkt. No. 92 (Minute Order). Ms. Selis gave her deposition on

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January 18, 2016. Jt. Ltr., Ex. A (Dep. Tr.), Dkt. No. 121-1. DIRECTV now renews its request

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for an oral deposition, arguing that Ms. Selis refused to provide substantive answers to almost

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every question. Jt. Ltr. at 2.

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Having reviewed the parties’ arguments and the deposition transcript, the Court finds Ms.

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Selis’s written deposition responses insufficient, and that the most efficient way for DIRECTV to

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obtain proper responses at this point is by oral deposition. Accordingly, the Court ORDERS Ms.

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Selis to sit for a three-hour oral deposition at a time and place convenient to her.

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IT IS SO ORDERED.

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Dated: March 16, 2016
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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