Smith v. Dougherty et al

Filing 41

ORDER denying Plaintiff's 36 Motion to Oppose the Deposition signed by Chief Judge Ricardo S Martinez. (PM) cc: plaintiff via first class mail

1
2
3
4
5

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

6
7
8

LISA SMITH,
Plaintiff,

9
10
11

v.
MEGAN DOHTRY, et al.,

12

Defendants.

13
14
15

)
) CASE NO. C16-1818 RSM
)
)
) ORDER DENYING MOTION TO OPPOSE
) DEPOSITION
)
)
)

On October 13, 2017, Plaintiff filed a “Motion to Oppose the Deposition.” Dkt. #36. The
gist of the motion appears to be a request to strike Plaintiff’s deposition testimony which took

16

place on October 5, 2017, on several bases. Id. First, Plaintiff asserts that she required a French
17
18

interpreter but was not provided one. Id. As a result, Plaintiff asserts that she could understand

19

the questions being asked and the deposition reporter could not understand her answers. Id.

20

Plaintiff further asserts that she was not told how long her deposition would last, that she was not

21

provided with a comfortable chair, and that she missed her required medicine for that day. Id.

22
23

She asserts that she was in so much pain she could not properly answer questions. Id. She also

24

suggests that some of the medicines she takes make her dizzy and that affected her ability to

25

understand and answer the questions. Id. Defendants oppose the motion, asserting that Plaintiff

26

was offered an interpreter but never accepted the offer, and that the transcript of the deposition

27

belie her other assertions. Dkt. #38.
28

ORDER
PAGE - 1

1

The Court has reviewed the exhibits provided with this motion, and agrees with

2

Defendants. A review of the excerpts of her deposition transcript does not demonstrate an

3

inability to understand and/or answer questions. See Dkt. #39, Exs. 1-3. Accordingly, the Court

4

does not find good cause to strike Plaintiff’s deposition testimony.

5

Therefore, the Court hereby ORDERS that Plaintiff’s Motion to Oppose Deposition (Dkt.
6
7
8
9
10

#36) is DENIED.
The Clerk shall send a copy of this Order to Plaintiff at PMB 6169, PO BOX 257,
Olympia, WA 98507.
DATED this 7th day of November 2017.

11

A

12
13

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

ORDER
PAGE - 2