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Scott v. Lackey

June 13, 2008

TERESA ANNE SCOTT, PLAINTIFF
v.
PAMELA WELLINGTON LACKEY AND EVAN LESLIE ADAMS, DEFENDANTS



The opinion of the court was delivered by: Judge Conner

MEMORANDUM

Presently before the court is a motion for a protective order (Doc. 306), filed by defendant Evan Leslie Adams ("Adams"). In the motion, Adams seeks protection from certain questions posed by Teresa Scott ("Scott") during the course of his second deposition. For the reasons that follow, the motion for a protective order will be granted in part and denied in part.

On April 3, 2008, the court conducted a telephone conference with the parties to resolve issues that arose during Scott's initial, aborted deposition of Adams. (See Docs. 288, 290.) The issues arose when counsel for Adams directed Adams not to respond to various questions regarding his ability to testify. The court ordered the parties to resume the deposition of Adams (see Doc. 289) and directed Scott "to accept a stipulation on the record . . . that the deponent is ready, willing, and able to testify to [her] questions, that he is competent and not under the influence of any drugs or alcohol that would affect his ability to fully and completely respond to [her] properly formed questions"*fn1 (Doc. 290 at 15-16). The court also advised the parties to "move forward and get to the merits of this case rather than scuffle over these preliminary questions which really do nothing to advance either the prosecution of the claim or the defense of the matter." (Id. at 10.) The parties resumed Adams' deposition on April 24, 2008. The following sixteen questions from the resumed deposition are at issue in the instant motion:

1. Dr. Adams, could you identify yourself for the record by stating your name and address?

2. Dr. Adams, you understand that the oath that you were administered means that you are testifying under the penalty of perjury?

3. Dr. Adams, are you refusing to answer the question of whether or not you understand the oath?

4. Dr. Adams, you understand that your testimony today has the same significance as it would have if you were testifying in court before a judge or a jury?

5. Is your memory working as well today as it usually does?

6. Do you have any questions about what we've covered so far?

7. Have you ever been arrested?

8. Do you plan to -- you claim that the publications about plaintiff are true, the -- the things that Wellington wrote?*fn2

9. Do you intend to testify at trial?

10. Do you know of anyone who has any documents that might be ...


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