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

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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

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