Opinion
No. C 10-4787 WHA (MEJ) Docket No. 119 Docket No. 120
11-07-2011
MARK LETELL ADAMS Plaintiff, v. RONALD ALBERTSON, et al., Defendants.
ORDER RE DISCOVERY DISPUTES
The Court is in receipt of two discovery dispute letters, filed on November 4, 2011. Dkt. Nos. 119, 120. Upon review of the parties' letters, the Court ORDERS as follows:
1) Defendants are permitted to go forward with the deposition of Teresa Adams. The marital privilege must be narrowly construed because it obstructs the truth seeking process. United States v. White, 974 F.2d 1135, 1138 (9th Cir. 1992). The privilege is waived where, as here, a third party is present or where one spouse is the victim of the other spouse's criminal act. United States v. Marashi, 913 F.2d 724, 730 (9th Cir. 1980).
2) Third parties Apple, Inc., Philip Takakjian, Ph.D, Palo Alto Medical Foundation, and Sequoia Hospital shall comply with Defendants' subpoenas by November 15, 2011.
IT IS SO ORDERED
Maria-Elena James
Chief United States Magistrate Judge