Clark v. Hidden Valley Lake Association

Filing 83

ORDER RE: SPEARS DEPOSITION (Illston, Susan) (Filed on 10/27/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WAYNE CLARK, Plaintiff, 8 HIDDEN VALLEY LAKE ASSOCIATION, Defendant. 11 United States District Court Northern District of California ORDER RE: SPEARS DEPOSITION v. 9 10 Case No. 16-cv-02009-SI 12 13 On October 27, 2017, the Court held a hearing on defendant’s Anti-SLAPP motion and 14 motion for summary judgment. In its opposition papers, plaintiff noted that he has been unable to 15 depose Cindy Spears because he does not know her whereabouts.1 Defendant, however, attached 16 a declaration from Spears in support of its motion for summary judgment, filed on September 15, 17 2017. See Dkt. No. 72-2. At the hearing, the parties informed the Court that Spears still has not 18 been deposed. Defendant represented that it was able to obtain her declaration because defendant 19 has her telephone number but that it was reluctant to give this information to plaintiff due to 20 confidentiality concerns. 21 Plaintiff sues for defamation based on statements that Spears allegedly made when she was 22 General Manager of Hidden Valley Lake Association, where plaintiff was once employed as 23 Director of Golf. This entire case centers around whether or not Spears did, said, and knew the 24 things that plaintiff alleges. Her testimony is essential. In light of this, the Court ORDERS that 25 defendant provide plaintiff’s counsel with Spears’s telephone number and any other information 26 1 27 28 On May 24, 2017, plaintiff’s counsel served a special interrogatory asking for “the complete residential or work address of Cindy Spears in sufficient detail to permit the service or delivery of a subpoena to her in this action.” Theusen Decl. Ex. 1. Defendant responded, “Unknown.” 1 necessary to allow plaintiff to take Spears’s deposition. Defendant shall cooperate in arranging 2 the deposition of Spears. 3 Spears’s telephone number be disclosed to plaintiff’s counsel only and not directly to plaintiff. 4 Any deposition testimony that Spears provides may be used only for prosecuting, defending, or 5 attempting to settle this litigation. These confidentiality obligations shall remain in effect even 6 after final disposition of this litigation unless Spears agrees otherwise in writing or a court order 7 otherwise directs. 8 9 10 In light of the confidentiality concerns, the Court ORDERS that The Court sets a Further Case Management Conference for November 17, 2017. The parties shall file a joint case management conference statement no later than November 10, 2017. An order ruling on defendant’s pending motions will follow separately. United States District Court Northern District of California 11 12 13 14 15 IT IS SO ORDERED. Dated: October 27, 2017 ______________________________________ SUSAN ILLSTON United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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