Clark v. Hidden Valley Lake Association

Filing 83

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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WAYNE CLARK,
Plaintiff,

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HIDDEN VALLEY LAKE ASSOCIATION,
Defendant.

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United States District Court
Northern District of California

ORDER RE: SPEARS DEPOSITION

v.

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Case No. 16-cv-02009-SI

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On October 27, 2017, the Court held a hearing on defendant’s Anti-SLAPP motion and

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motion for summary judgment. In its opposition papers, plaintiff noted that he has been unable to

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depose Cindy Spears because he does not know her whereabouts.1 Defendant, however, attached

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a declaration from Spears in support of its motion for summary judgment, filed on September 15,

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2017. See Dkt. No. 72-2. At the hearing, the parties informed the Court that Spears still has not

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been deposed. Defendant represented that it was able to obtain her declaration because defendant

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has her telephone number but that it was reluctant to give this information to plaintiff due to

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confidentiality concerns.

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Plaintiff sues for defamation based on statements that Spears allegedly made when she was

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General Manager of Hidden Valley Lake Association, where plaintiff was once employed as

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Director of Golf. This entire case centers around whether or not Spears did, said, and knew the

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things that plaintiff alleges. Her testimony is essential. In light of this, the Court ORDERS that

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defendant provide plaintiff’s counsel with Spears’s telephone number and any other information

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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.”

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necessary to allow plaintiff to take Spears’s deposition. Defendant shall cooperate in arranging

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the deposition of Spears.

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Spears’s telephone number be disclosed to plaintiff’s counsel only and not directly to plaintiff.

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Any deposition testimony that Spears provides may be used only for prosecuting, defending, or

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attempting to settle this litigation. These confidentiality obligations shall remain in effect even

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after final disposition of this litigation unless Spears agrees otherwise in writing or a court order

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otherwise directs.

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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

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IT IS SO ORDERED.
Dated: October 27, 2017
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SUSAN ILLSTON
United States District Judge

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