Clark v. Carlson et al

Filing 37

ORDER authorizing deposition to be rescheduled and directing that deposition transcript be sealed pending further order of the court. By Magistrate Judge Clare R. Hochhalter.(BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Travis Clark,
Plaintiff,
vs.
Officer Michael Carlson, Officer
Dan Salandar, and the City of
Bismarck,
Defendants.

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ORDER

Case No. 1:18-cv-026

On July 16, 2019, the court held an impromptu telephonic status conference in the aboveentitled action. Attorney Nicollete Ward appeared on plaintiff’s behalf. Attorney Randy Bakke
appeared on defendants’ behalf.
The purpose of the conference was to discuss issues that arose at the outset of the deposition
of Lindsey Gerhardt, plaintiff’s girlfriend/fiancé. According to the parties, Ms. Gerhardt appeared
for a deposition noticed by defense counsel for the afternoon of July 16, 2019. However, she
declined to meaningfully participate in the deposition unless and until she first consulted with an
attorney, which is her right. She further advised that, absent an order from the court, she would
not answer any questions. Defense counsel ended the deposition and the parties contacted the
court seeking its guidance on how to proceed.
Pursuant to its discussion with the parties, the court ORDERS:
(1)

Defense counsel may reschedule Ms. Gerhardt’s deposition.

(2)

Ms. Gerhardt shall appear for the deposition as rescheduled. She has the right to
retain counsel, who may appear with her at the deposition. Absent an objection or

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an instruction by her counsel not to answer, she shall answer the questions posed to
her to the best of her ability.
(3)

The transcript of Ms. Gerhardt’s deposition shall be sealed pending further order of
the court.

Ms. Gerhardt is urged to be expeditious in her retention of counsel. Whomever she retains should
promptly contact defense counsel to discuss/work out the logistics of her deposition.
IT IS SO ORDERED.
Dated this 17th day of July, 2019.
/s/ Clare Hochhalter
Clare Hochhalter, Magistrate Judge
United States District Court

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