Choon v. Voong et al

Filing 106

Order by Magistrate Judge Alex G. Tse denying 101 Motion for Leave to File Motion for Protective Order. (agtlc1, COURT STAFF) (Filed on 12/20/2021)

Case 4:16-cv-07237-JSW Document 106 Filed 12/20/21 Page 1 of 1

1
2

UNITED STATES DISTRICT COURT

3

NORTHERN DISTRICT OF CALIFORNIA

4
5

CHOON RHEY,
Plaintiff,

6
7
8
9

Case No. 16-cv-07237-JSW (AGT)

v.
G. MURPHY, et al.,
Defendants.

ORDER RE: CDCR DEPOSITION (MOTION FOR LEAVE TO FILE MOTION
FOR PROTECTIVE ORDER)
Re: Dkt. No. 101

Choon Rhey reasonably wants to depose the CDCR about certain prison practices and pro-

11

United States District Court
Northern District of California

10

cedures related to his case. The CDCR won’t be able to avoid this deposition, for even though the

12

CDCR is technically a nonparty, it employed the defendants, two CDCR officials, and at least some

13

of its practices and procedures are relevant to Rhey’s deliberate indifference claim.

14

Even so, some (if not all) of the deposition topics that Rhey has noticed are overbroad. Rhey

15

seeks testimony about CDCR practices and procedures regarding “housing” and “officer training,”

16

Dkt. 104-6 at 6–7, topics that are considerable in scope. Rhey also seeks testimony about “CDCR’s

17

practices and procedures regarding responses to third-party subpoenas,” id. at 7, another broad topic,

18

with this one also appearing to be of limited relevance.

19

These are just examples. Rather than go through each topic at this point, the undersigned

20

will require the parties to meet and confer by videoconference, by January 4, 2022, to discuss the

21

noticed topics in more detail. If a dispute remains after that, the parties should present it in a joint

22

statement, which must be filed in compliance with Part VII.B of the undersigned’s civil standing

23

order. That joint statement, if needed, will supersede the CDCR’s current motion for leave to file a

24

motion for a protective order, so that motion will now be denied without prejudice.

25
26
27
28

IT IS SO ORDERED.
Dated: December 20, 2021
___________________________
ALEX G. TSE
United States Magistrate Judge