Opinion
Civil No. 10-0028 (JRT/RLE).
May 4, 2010
John Fabian, III, FABIAN MAY ANDERSON, Minneapolis, MN, for plaintiff.
Kurt Erickson, JACKSON LEWIS LLP, Minneapolis, MN, for defendant.
ORDER
This matter came before the Court on appeal from the order of the Magistrate Judge granting plaintiff's motion to exclude certain individuals from the deposition of Chastity Lund. The Court construes plaintiff's motion to exclude witnesses from the deposition of Chastity Lund as a motion for a protective order under Federal Rule of Civil Procedure 26(c)(1)(E). See also Fed.R.Civ.P. 30(c)(1) (stating that Federal Rule of Evidence 615 does not apply to deposition testimony). The Court finds that plaintiff has failed to show sufficient good cause to exclude Todd Hunter from Lund's deposition, and in that respect overrules the order of the Magistrate Judge. In all other respects, the Court affirms the Magistrate Judge's order.
Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the order of the Magistrate Judge is AFFIRMED in part and OVERRULED in part.