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Mark Letell Adams v. Ronald Albertson

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


November 7, 2011

MARK LETELL ADAMS
PLAINTIFF,
v.
RONALD ALBERTSON, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Maria-Elena James Chief United States Magistrate Judge

ORDER RE DISCOVERY DISPUTES Docket No. 119, 120

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: 15 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. 19 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 21 Sequoia Hospital shall comply with Defendants' subpoenas by November 15, 2011.

IT IS SO ORDERED.

20111107

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