Summary
The United States District Court for the Southern District of California granted in part Defendants’ motion for a protective order concerning the deposition of Dr. Bethann Schaber. The court barred Plaintiff Ronnie Rupard from participating in person or by videoconference because of threats against Dr. Schaber and medical examiner staff, but authorized telephonic participation subject to restrictions against threatening or harassing conduct. The court also ordered County counsel to personally serve the order and facilitate Rupard’s telephonic access to the deposition.
Topics
Practice areas
Questions Presented
- Whether good cause existed to exclude Ronnie Rupard from attending Dr. Schaber's deposition in person or by videoconference because of threats and the existing restraining order.
- Whether good cause existed to exclude Ronnie Rupard from participating in the deposition by all means other than submitting written questions before the deposition.
- What restrictions and alternative method of participation would adequately protect Dr. Schaber while preserving Ronnie Rupard's rights as a party.
Holdings
- Defendants established good cause and extraordinary circumstances warranting exclusion of Ronnie Rupard from Dr. Schaber's deposition in person and by videoconference.
- Defendants did not establish good cause to prohibit Ronnie Rupard from participating in the deposition by every means other than submitting written questions in advance.
- Ronnie Rupard may attend and participate in the deposition telephonically, may ask relevant questions, and may not make threats or harass Dr. Schaber.
Key quotations
“The party moving for exclusion of another party must make a “specific showing of harm” that is “more than ordinary garden variety or boilerplate good cause facts which will exist in most civil litigation.”” (at 4)
“Telephonic participation will ensure that Dr. Schaber not seen on camera by Plaintiff Ronnie Rupard and will minimize any potential harassment or improper conduct by Ronnie Rupard while still preserving his rights as a party to the litigation to participate in the deposition.” (at 6)
Factual background
Dr. Bethann Schaber performed the autopsy of Lonnie Rupard and was noticed for deposition. Plaintiff Ronnie Rupard allegedly made threats against Dr. Schaber and staff, and the San Diego County Medical Examiner's Office obtained a restraining order prohibiting him from contacting Dr. Schaber directly or indirectly. Ronnie Rupard was in custody at the San Diego Central Jail, had a competency hearing scheduled shortly before the deposition, and faced practical difficulties in preparing and submitting written deposition questions in advance.
Procedural history
The court had previously granted limited relief from a discovery stay to permit the deposition of Dr. Schaber, which was scheduled for May 5, 2025. Defendants sought to exclude Ronnie Rupard entirely from the deposition or, alternatively, require him to submit written questions in advance. No plaintiff opposed the motion. The court granted partial relief and issued specific instructions concerning service and telephonic participation.