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Naham v. Haljean

July 30, 2010

NAHAM
v.
HALJEAN ET AL



The opinion of the court was delivered by: Wayne R. Andersen United States District Judge

Name of Assigned Judge Sitting Judge if Other or Magistrate Judge Wayne R. Andersen than Assigned Judge

TITLE

DOCKET ENTRY TEXT

For the reasons set forth in this minute order, Plaintiff's motion seeking to bar John Walliser from being deposed or from testifying at trial, and also to seal any written or recorded statements by Walliser related to this case [72] is denied, and Plaintiff's motion for a protective order [76] is also denied.

O[ For further details see text below.] Docketing to mail notices.

STATEMENT

This matter is before the Court on two motions filed by Plaintiff Gary Naham ("Plaintiff" or "Naham"). On July 9, 2010, Plaintiff filed a motion seeking to bar John Walliser ("Walliser") from being deposed or from testifying at trial, and also to seal any written or recorded statements by Walliser related to this case [72]. On July 26, 2010, Plaintiff filed a motion for a protective order [76], supplementing his motion dated July 9, 2010. For the following reasons, Plaintiff's motions are denied.

At some point, Plaintiff hired Walliser as his paralegal to assist him in this case. After some period of time, Walliser stopped working as a paralegal for Plaintiff. Plaintiff now seeks to bar Walliser from being deposed by Defendants and from testifying at trial. Plaintiff raises three primary reasons to support his argument, each of which is addressed below.

(1) Harassment / Intimidation and Issues of Credibility

Plaintiff states the following:

Walliser's participation is itself an attempt to harass, intimidate and oppress me and should be barred . . . . Walliser is being deposed despite having no direct knowledge of the events involved in [the instant case]. Walliser has no credibility in front of a Jury. Walliser facing possible criminal charges relating to his unemployment filings and disclosures in the fall, and is suing the State for 30,000 of additional undeserved benefits. Walliser has with the utmost motivation to lie in order to damage my credibility and neutralize my potential testimony against him.

Walliser's deposition can and will cause me additional emotional harm, and is designed to do so.

(Dkt. No. 76 at 1).

With respect to the contention that Walliser's participation is an attempt to harass, intimidate and/or oppress Plaintiff, the record does not support this assertion. It is clear that the relationship between Plaintiff and Walliser is contentious, but there has been no showing that anyone (Walliser, Defendants or defense counsel) is seeking ...


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