Opinion
Civil Case No. 04-00046.
November 17, 2004
ORDER
This case is before the Court on an Ex Parte Application on Motion for Protective Order filed by the defendants, the Guam Election Commission and Gerald A. Taitano. The defendants seek the postponement of Mr. Taitano's deposition scheduled for November 18, 2004. The defendants request the Court to stay the deposition pending the determination of whether the Attorney General's Office can act as legal counsel for the Guam Election Commission and Mr. Taitano. The Court has reviewed the filings and does not find that this is a case meriting a protective order under Federal Rule of Civil Procedure 26(c). Contrary to the defendants' assertion, the Court does not find under the circumstances that the scheduled deposition would be oppressive and/or unduly burdensome. There is nothing preventing the Law Offices of Cesar C. Cabot, P.C., and an attorney from the Attorney General's Office from appearing on behalf of the defendant at the deposition and making objections as appropriate. Mr. Taitano can take the advice of the individual he believes is his legal representative. Accordingly, the Court denies the Application and Motion.
Judge Alex R. Munson is no longer presiding over this case and has requested that this and the companion case of CV 04-00045 be reassigned by the Ninth Circuit. Pursuant to General Order 04-00015 the Magistrate Judge is authorized to hear and determine all pretrial discovery motions.
SO ORDERED.