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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 FEDERAL TRADE COMMISSION, Case No. 15-cv-01129-HSG (MEJ) Plaintiff, 8 DISCOVERY ORDER v. Re: Dkt. No. 121 9 10 DIRECTV, INC., et al., Defendants. United States District Court Northern District of California 11 12 13 The Court is in receipt of the parties’ discovery dispute letter concerning Defendants 14 DIRECTV and DIRECTV, LLC’s (collectively, “DIRECTV”) request to compel an oral 15 deposition of Paula Selis, a former Assistant Attorney General for the State of Washington who 16 represented Washington in the litigation that resulted in multistate settlement agreements 17 regarding DIRECTV’s advertising. Dkt. No. 121. Although she is not a party in this case, 18 Plaintiff Federal Trade Commission (“FTC”) submitted Ms. Selis’s declaration in support of its 19 Opposition to DIRECTV’s pending Motion for Partial Summary Judgment. Dkt. No. 75. In her 20 Declaration, Ms. Selis states that she was Washington’s lead attorney in connection with its 21 complaint against DIRECTV, as well as negotiation and entry of the settlement agreement 22 between Washington and DIRECTV. Selis Decl. ¶ 4. 23 The parties previously brought this dispute to the Court’s attention (see Dkt. Nos. 89, 91) 24 and, after a hearing on the matter, the Court allowed DIRECTV to depose Ms. Selis, but by 25 written deposition questions. Dkt. No. 92 (Minute Order). Ms. Selis gave her deposition on 26 January 18, 2016. Jt. Ltr., Ex. A (Dep. Tr.), Dkt. No. 121-1. DIRECTV now renews its request 27 for an oral deposition, arguing that Ms. Selis refused to provide substantive answers to almost 28 every question. Jt. Ltr. at 2. 1 Having reviewed the parties’ arguments and the deposition transcript, the Court finds Ms. 2 Selis’s written deposition responses insufficient, and that the most efficient way for DIRECTV to 3 obtain proper responses at this point is by oral deposition. Accordingly, the Court ORDERS Ms. 4 Selis to sit for a three-hour oral deposition at a time and place convenient to her. 5 IT IS SO ORDERED. 6 7 8 9 Dated: March 16, 2016 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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