Ilyia v. El Khoury et al

Filing 120

ORDER granting 116 Agreed Motion to Compel Deposition by Judge Robert S. Lasnik.(RS)cc Herbert by mail/email

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
_______________________________________
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ELIAS ILYIA,
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Plaintiff,
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v.
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MAROUN N. EL KHOURY, et al.,
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Defendants.
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_______________________________________)

No. C11-1593RSL
ORDER COMPELLING DEPOSITION

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On December 17, 2012, Raymond Dent, a witness in the above-captioned matter,
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walked out of a deposition at the advice of counsel. No meaningful explanation was provided.
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During the deposition, Dr. Dent suggested that he was contractually barred from discussing the
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terms of a contract between two companies and sought an opportunity to consult with counsel.
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His purported counsel (who did not accompany Dr. Dent during the deposition but subsequently
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appeared to announce that he had left and would not be returning), provided no factual basis in
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support of any of the privileges she identified. Rather than provide additional information,
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counsel simply stated that “absent an order of the Court, we’re not going to be interviewed
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further. That’s all I’ve got to say.” Dkt. # 116-1 at 23.
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Dr. Dent has not sought to quash or modify the subpoena or otherwise explained
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his refusal to comply. The parties have filed an agreed motion to compel his testimony.
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Although there is no indication that Dr. Dent or his purported counsel is aware of the motion to
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compel, the burden was on him to timely seek protection under Fed. R. Civ. P. 45(c)(3) and/or
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ORDER COMPELLING DEPOSITION

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Fed. R. Civ. P. 26(c). Having failed to do so, the agreed motion to compel is GRANTED.
The Clerk of Court is directed to send a copy of this order to
[e-mail] and:
Fern Herbert
Herbert Law Offices
4320 196th Street SW, Suite B-712
Lynnwood, WA 98036

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Counsel for the parties shall immediately attempt to serve a copy of this order on Dr. Dent by

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email and US Postal Service. Dr. Dent is hereby compelled to appear at deposition at a mutually

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agreeable time on or before January 11, 2013. Pursuant to the Court’s prior order (Dkt. # 92), all

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objections to relevance, lack of foundation, non-responsiveness, speculation, or to the form of

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the question are reserved until trial. Ms. Herbert (or Dr. Dent if proceeding pro se) shall have no

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reason to object to any questions unless it is to assert a cognizable privilege. The parties are

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advised that a private confidentiality agreement does not give rise to a cognizable privilege

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against testifying.

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Dated this 3rd day of January, 2013.

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A
Robert S. Lasnik
United States District Judge

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ORDER COMPELLING DEPOSITION

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