Panagacos et al vs. Towery, et al

Filing 312

ORDER denying 303 Plaintiffs' Motion for a Protective Order Re: Drew Hendricks; granting Defendant Rudd's Order 310 ; signed by Judge Ronald B. Leighton.(DN)

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Honorable Ronald B. Leighton

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JULIANNE PANAGACOS et al.,
No. C10-05018-RBL

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Plaintiffs,
ORDER ON PLAINTIFFS’ MOTION
TO QUASH AND FOR A
PROTECTIVE ORDER RE: DREW
HENDRICKS

v.
JOHN J. TOWERY et al.,

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Defendants.

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This Matter came before the Court on Plaintiffs’ Motion to Quash and for Protective

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Order [Dkt. No. 303] (the “Motion”). The Court has considered the Motion, Defendant

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Thomas Rudd’s Opposition to the Motion, Plaintiffs’ reply, if any, and the declarations

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submitted in support of these respective filings.

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Plaintiffs have failed to show good cause to prohibit the deposition of Drew

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Hendricks. See Fed. R. Civ. P. 26(c)(1). Heightened scrutiny to take Mr. Hendricks’s

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deposition does not apply, as Rudd “seeks to depose [Hendricks] as an ‘actor’ or ‘viewer’

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with non-privileged information . . .” See Hedden v. City of Seattle, No. C05-999-TSZ,

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PACER Dkt. No. 179 (May 30, 2006). Alternately, even if heightened scrutiny did apply to a

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deposition of Mr. Hendricks pursuant to Shelton v. Am. Motors Corp., 805 F.2d 1323, 1327

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(8th Cir. 1986), Rudd has made the requisite showing that (1) no other means exist to obtain
ORDER ON PLAINTIFFS’ MOTION
FOR PROTECTIVE ORDER - 1
Case No. C10-05018-RBL

K&L GATES LLP
925 FOURTH AVENUE
SUITE 2900
SEATTLE, WASHINGTON 98104-1158
TELEPHONE: [phone]
FACSIMILE: [phone]

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the information than to depose Hendricks; (2) the information sought is relevant and

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nonprivileged; and (3) the information is crucial to the preparation of the case.

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Rudd has represented that he seeks to depose Hendricks for the purpose of (i)

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evaluating potential testimony by Hendricks in this case, and (ii) overcoming any objections

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to certain documents based on foundation and authenticity. Consequently, if plaintiffs wish

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not to produce Mr. Hendricks for a deposition, they may do so provided that:

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1.

Plaintiffs will not call Mr. Hendricks as a witness in the case (either in their

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direct case or as a rebuttal witness), and they will not submit a declaration of Mr. Hendricks in

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support of summary judgment; and

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2.

Plaintiffs will not challenge–on the basis of lack of foundation, lack of

personal knowledge, or lack of authentication–any of Mr. Hendricks’ statements
Alternately, Plaintiffs may reserve their right to call Mr. Hendricks as a witness and/or

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preserve their objections on the grounds above, but must produce Mr. Hendricks for a

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deposition on a date agreeable to all counsel on or before May 5, 2014.

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DATED this 17th day of April, 2014.

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A

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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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ORDER ON PLAINTIFFS’ MOTION
FOR PROTECTIVE ORDER - 2
Case No. C10-05018-RBL

K&L GATES LLP
925 FOURTH AVENUE
SUITE 2900
SEATTLE, WASHINGTON 98104-1158
TELEPHONE: [phone]
FACSIMILE: [phone]

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Presented by:

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K&L GATES LLP

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By: s/ Theodore J. Angelis
Theodore J. Angelis, WSBA No. 30300
Pallavi Mehta Wahi, WSBA No. 32799
Heidi Craig Garcia, WSBA No. 41399
Peter A. Talevich, WSBA No. 42644
925 Fourth Avenue, Suite 2900
Seattle, WA 98104
Telephone: [phone]
Facsimile: 206-623-7022
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Thomas R. Rudd

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ORDER ON PLAINTIFFS’ MOTION
FOR PROTECTIVE ORDER - 3
Case No. C10-05018-RBL

K&L GATES LLP
925 FOURTH AVENUE
SUITE 2900
SEATTLE, WASHINGTON 98104-1158
TELEPHONE: [phone]
FACSIMILE: [phone]