STATE OF INDIANA et al v. INDIANA STATE TEACHERS ASSOCIATION et al

Filing 121

ORDER denying 116 ISTA's Motion for Protective Order. Signed by Magistrate Judge Tim A. Baker on 9/24/2010. (LBK)

Download PDF
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION STATE OF INDIANA, ex rel. CHRIS NAYLOR, Indiana Securities Commissioner, Plaintiff, vs. INDIANA STATE TEACHERS ASSOCIATION, et al., Defendants. ) ) ) ) ) ) ) ) ) 1:09-cv-1506-SEB-TAB ORDER DENYING DEFENDANT INDIANA STATE TEACHERS ASSOCIATION'S MOTION FOR PROTECTIVE ORDER A journalistic tenet is "don't bury the lead," and the writer of The Indianapolis Star's September 13, 2010, article, "Rokita slams ISTA funding of candidates," followed that rule. The story opened: Indiana Secretary of State Todd Rokita has accused the Indiana State Teachers Association of putting politics over its members by making political contributions to campaigns while he says it owes school districts across the state $23 million. [Docket No. 117, Ex. 1.] The lead was successful--it grabbed Defendant ISTA's attention. Three days earlier, ISTA had agreed to provide a witness for a Rule 30(b)(6) deposition on September 24. [See Docket No. 118, Ex. 5.] But after reading the Star article, ISTA became concerned that the 30(b)(6) deposition was really a strategy to obtain campaign fodder for Rokita, who is running for Congress. ISTA's counsel immediately wrote Plaintiff's counsel to express his concerns and to suggest that the deposition be rescheduled after the November 2 election. Plaintiff's counsel declined to postpone the deposition, and ISTA moved for a protective order. [Docket No. 116.] The parties appeared by counsel on September 22 for a telephone conference regarding ISTA's motion and argument was held. ISTA's counsel urged the Court to enter a protective order under Federal Rule of Civil Procedure 26(c), arguing that a pre-election deposition would cause embarrassment or annoyance because Rokita could use ISTA's statements (or refusal to testify) as part of his campaign. Rule 26(c) permits the Court, upon a showing of good cause, to issue an order protecting a party from embarrassment or annoyance in discovery. ISTA has not shown good cause for postponing this deposition. First, ISTA agreed to the pre-election deposition and even offered the September 24 date. Second, ISTA cites no authority supporting entry of a protective order under similar circumstances. Third, the September 13 Star article is insufficient to establish that Plaintiff's underlying motive for the 30(b)(6) deposition is to grab headlines for Rokita's campaign. ISTA alleges there are "clear indications that allowing the deposition to be taken at this time will result in abuse of the discovery process for improper political purposes." [Docket No. 120 at 3.] ISTA has made no such showing. Elsewhere ISTA asserts that "this is all much ado about nothing . . . ." [Id. at 2.] On this point the Court agrees. ISTA's motion for protective order [Docket No. 116] is denied. Dated: 09/24/2010 _______________________________ Tim A. Baker United States Magistrate Judge Southern District of Indiana 2 Copies to: Michelle Lorbieski Anderson FROST BROWN TODD LLC mlanderson@fbtlaw.com Alan S. Brown FROST BROWN TODD LLC abrown@fbtlaw.com Michael E. Brown KIGHTLINGER & GRAY mbrown@k-glaw.com Abigail V Carter BREDHOFF & KAISER P.L.L.C. acarter@bredhoff.com Jeremiah A. Collins BREDHOFF & KAISER P.L.L.C. jcollins@bredhoff.com Douglas L. Greenfield BREDHOFF & KAISER, P.L.L.C. dgreenfield@bredhoff.com Scott D Hofer FOLAND WICKENS EISFELDER ROPER & HOFER PC shofer@fwpclaw.com Andrew W. Hull HOOVER HULL LLP awhull@hooverhull.com W. Gary Kohlman BREDHOFF & KAISER P.L.L.C. gkohlman@bredhoff.com Irwin B. Levin COHEN & MALAD LLP ilevin@cohenandmalad.com Alice McKenzie Morical HOOVER HULL LLP amorical@hooverhull.com Eric S. Pavlack COHEN & MALAD LLP epavlack@cohenandmalad.com Kyle N Roehler FOLAND WICKENS EISFELDER ROPER & HOFER, PC kroehler@fwpclaw.com Thomas E. Satrom FROST BROWN TODD LLC tsatrom@fbtlaw.com Richard E. Shevitz COHEN & MALAD LLP rshevitz@cohenandmalad.com Joel E. Tragesser FROST BROWN TODD LLC jtragesser@fbtlaw.com John M. West BREDHOFF & KAISER, P.L.L.C. jwest@bredhoff.com Daniel Zibel BREDHOFF & KAISER, P.L.L.C. dzibel@bredhoff.com 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?