Titus et al v. Humboldt County Fair Association et al
Filing
124
Order by Hon. Saundra Brown Armstrong denying 123 Defendants' Motion for Relief from Nondispositive Pretrial Order of Magistrate Judge.(tmiS, COURT STAFF) (Filed on 12/3/2015)
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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8 STUART P. TITUS, CAROLINE TITUS,
Plaintiffs,
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vs.
Case No: C 14-01043 SBA
ORDER DENYING DEFENDANTS’
MOTION FOR RELIEF FROM
NONDISPOSITIVE PRETRIAL
ORDER OF MAGISTRATE JUDGE
11 HUMBOLDT COUNTY FAIR
ASSOCIATION, JEFF FARLEY, CINDY
12 OLSEN, JOHN BURGER, RICHARD
CONWAY, DOES 1 through 10,
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Defendants.
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15 AND RELATED COUNTERCLAIMS.
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The parties are presently before the Court on Defendants’ Motion for Relief from
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Nondispositive Pretrial Order of Magistrate Judge. Dkt. 123. Specifically, Defendants
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object to Magistrate Judge Donna Ryu’s Order Regarding Discovery Letter Briefs.
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Dkt. 116. The discovery letter briefs set forth the parties’ dispute regarding Ms. Barbara
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Tyler’s attendance at several scheduled depositions. Dkt. 110, 112. Ms. Tyler is a claims
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adjuster for Defendants’ insurer, and is not a party to this action. Plaintiffs asserted that
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Ms. Tyler had been disruptive, and urged the court to exclude her from future depositions.
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Defendants responded that Ms. Tyler’s alleged conduct did not warrant exclusion, and
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urged the court to allow her to continue attending depositions.
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In response to the Magistrate Judge’s request for further information, Dkt 113, the
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parties filed a letter indicating that they (1) will videotape all but one of the scheduled
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depositions, and (2) can easily arrange for persons to observe the depositions remotely via
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Skype, Facetime, or other similar program, Dkt. 114. After reviewing the parties’ filings,
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the Magistrate Judge issued an ordered permitting Ms. Tyler to observe remotely and
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review videotape recordings of the depositions. Defendants object to the Magistrate
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Judge’s order because: (1) it does not explicitly make the requisite “good cause”
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determination; (2) it does not identify the factors relevant to the determination; and (3) it is
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based on unsubstantiated assertions and inadmissible hearsay. Defs.’ Mot. at 3-4.
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“[A] district judge may designate a magistrate judge to hear any nondispositive
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pretrial matter pending before the court.” S.E.C. v. CMKM Diamonds, Inc., 729 F.3d
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1248, 1259 (9th Cir. 2013) (internal quotations omitted; alterations in original). After a
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magistrate judge issues a decision, a party has fourteen days to file an objection. Fed. R.
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Civ. Proc. 72(a). The district court must consider timely objections and modify or set aside
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any part of the magistrate judge’s order that is “clearly erroneous or contrary to law.” Id.;
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28 U.S.C. § 636(b)(1)(A); Doe v. Kamehameha Sch./Bernice Pauahi Bishop Estate, 596
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F.3d 1036, 1041, n.4 (9th Cir. 2010). Under this standard, decisions of a magistrate judge
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“are not subject to de novo determination,” and the reviewing court “may not simply
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substitute its judgment for that of the deciding court.” Grimes v. City and Cnty. of San
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Francisco, 951 F.2d 236, 241 (9th Cir. 1991). Clear error exists when the district court is
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“left with the definite and firm conviction that a mistake has been committed.” Easley v.
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Cromartie, 532 U.S. 234, 242 (2001).
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Here, the Magistrate Judge’s decision to exclude Ms. Tyler from future depositions
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is not clearly erroneous or contrary to the law. For good cause shown, a court may issue an
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order to protect a party or person from annoyance, embarrassment, oppression, or undue
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burden or expense, including an order specifying terms for discovery and/or designating the
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persons who may be present during the taking of discovery. Fed. R. Civ. Proc. 26(c)(1). It
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is apparent from the challenged order that the Magistrate Judge found good cause to limit
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Ms. Tyler’s involvement in future depositions. After reviewing the parties’ letters, which
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clearly set forth the appropriate standard, the Magistrate Judge identified and weighed the
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salient factors. Specifically, the Magistrate noted that: (1) Ms. Tyler is not a party in this
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action; (2) Ms. Tyler has purportedly engaged in disruptive conduct; (3) Defendants seek to
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have Ms. Tyler observe deponents in order to assess their credibility and effectiveness; and
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(4) videotape and other remote access technologies are ready available.1 Defendants
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proffered no reason why Ms. Tyler’s physical presence is necessary, or why her absence
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will cause prejudice. Finally, although the Magistrate Judge precluded Ms. Tyler from
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attending the depositions in person, the Judge permitted Ms. Tyler to observe remotely and
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review by videotape recording. The Court finds that the Magistrate Judge’s decision
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constitutes a reasonable exercise of discretion under Rule 26(c).
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For the reasons stated above, IT IS HEREBY ORDERED THAT:
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Defendant’s Motion for Relief from Nondispositive Pretrial Order of
Magistrate Judge is DENIED.
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2.
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IT IS SO ORDERED.
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This Order terminates Docket 123.
Dated: 12/1/15
______________________________
SAUNDRA BROWN ARMSTRONG
Senior United States District Judge
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The Court finds unpersuasive Defendants’ argument that the Magistrate Judge’s
order was based on unsubstantiated assertions and inadmissible hearsay. As a threshold
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See Joint Letter Br. at 3, n. 1. Furthermore, although Defendants and Ms. Tyler denied
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deposition, Mr. Tyler told Plaintiffs’ counsel, “get your fat ass out of here.” Id. at 3. Such
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