Oehmke v. Medtronic, Inc.

Filing 54

ORDER. IT IS HEREBY ORDERED: 1. United States Magistrate Judge Janie S. Mayeron's March 26, 2015 Order 39 is AFFIRMED. Plaintiff may conduct the deposition of Anthony Branch; however, the deposition is limited to questions regarding Bran ch's recollection of what was stated during the February 24, 2010 meeting with Plaintiff and Kathryn Engdahl. Counsel may not inquire into other communications Branch had at other times with other persons. Counsel may not inquire regarding Bra nch's mental impressions, litigation strategy, work product, or attorney-client privileged information. This Order does not impact any future ruling the Court may make regarding the admissibility of statements made during the February 24, 2010 meeting. 2. Defendant's Objection 42 is OVERRULED. (Written Opinion). Signed by Chief Judge Michael J. Davis on 5/12/15. (GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

NORAH C. OEHMKE,
Plaintiff,

v.

ORDER
Civil File No. 13-2415 (MJD/JSM)

MEDTRONIC, INC.,
Defendant.
Anthony Gabor and John D. Thompson, Oberman Thompson, LLC, Counsel for
Plaintiff.
Marko J. Mrkonich, Kristine D. Yen, and Stephanie M. Laws, Littler Mendelson,
PC, Counsel for Defendant.
The above-entitled matter comes before the Court on Defendant
Medtronic, Inc.’s objections to Magistrate Judge Janie S. Mayeron’s March 26,
2015 Order denying Defendant’s Motion for a Protective Order. The Order
permits the deposition only as limited to questions regarding Anthony Branch’s
recollection of what was stated during the February 24, 2010 meeting with
Plaintiff.

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This Court will reverse a magistrate judge’s order on a nondispositive
issue if it is clearly erroneous or contrary to law. 28 U.S.C. § 636(b)(1)(A); D.
Minn. L.R. 72.2(a). The Court has reviewed the submissions and the record in
this case and concludes that Magistrate Judge Mayeron’s March 26, 2015 Order is
neither clearly erroneous nor contrary to law. Therefore, the March 26, 2015
Order is affirmed.
Accordingly, based upon the files, records, and proceedings herein, IT IS
HEREBY ORDERED:
1.

United States Magistrate Judge Janie S. Mayeron’s March 26, 2015
Order [Docket No. 39] is AFFIRMED. Plaintiff may conduct the
deposition of Anthony Branch; however, the deposition is limited to
questions regarding Branch’s recollection of what was stated during
the February 24, 2010 meeting with Plaintiff and Kathryn Engdahl.
Counsel may not inquire into other communications Branch had at
other times with other persons. Counsel may not inquire regarding
Branch’s mental impressions, litigation strategy, work product, or
attorney-client privileged information. This Order does not impact
any future ruling the Court may make regarding the admissibility of
statements made during the February 24, 2010 meeting.

2.

Defendant’s Objection [Docket No. 42] is OVERRULED.

Dated: May 12, 2015

s/ Michael J. Davis
Michael J. Davis
Chief Judge
United States District Court
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