Eduardo C. Robreno

“ Since both parties rely on Pennsylvania law and the Court is unaware that the law of another jurisdiction would compel a different result, the Court will apply Pennsylvania law in deciding this issue of privilege.↑ At oral argument on January 9, 2006, plaintiff indicated that the National Enquirer may also be a potential defendant if discovery reveals they somehow knew of or acquiesced in any alleged defamatory statements by defendant. ”

“ Defendant attempted to read the statement he gave to the police regarding the alleged assault of plaintiff when asked to recount the events in his own words. A deponent may not read from a document when he is asked to recite his recollection of an event. Rather, the deponent is required to testify in his own words. Of course, if a deponent’s recollection is exhausted, he may use the document to refresh his recollection and continue the deposition testimony in his own words based on that refreshed recollection, if any. ”

“ The information sought through plaintiff’s motion to compel can be placed in one of three categories: (1) core information about the alleged incident between plaintiff and defendant that is directly relevant; (2) information about the Jane Doe witnesses; and (3) information about other alleged sexual affairs, use of prescriptions or controlled substances and trust arrangements with unrelated third parties involving the defendant, that do not involve already identified Federal Rule of Evidence 415 witnesses. [4]
Comprehensive discovery is the staple of modern American litigation practice. ”

“ Before the Court are the parties’ motions to compel further deposition testimony (docs. no. 49 and 50) and plaintiff’s motion for sanctions (doc. no. 48) .
Discovery in this case began with the exchange of interrogatories and requests for production, and the taking of the depositions of plaintiff and defendant. During the course of discovery, several issues arose which the parties brought to the Court’s attention for resolution via letter. ”

“ In a civil case in which a claim for damages or other relief is predicated on a party’s alleged commission of conduct constituting an offense of sexual assault or child molestation, evidence of that party’s commission of another offense or offenses of sexual assault or child molestation is admissible and may be considered as provided in Rule 413 and Rule 414 of these rules. ”

“ There is no question that Marty Singer has served as one of defendant’s lawyers for some time and that he acted in that capacity when negotiating the terms of the interview with the National Enquirer. ”

“ The ability to develop the parties’ cases pretrial results in efficiency and leads to a trial on the merits. While liberal, the scope of discovery is not unbound. Discovery comes at a cost both in financial terms and in its impact on the privacy interests of parties. ”

“ That argument is based on certain statements made by plaintiff during her deposition that she did not call the lawyers to hire them and she did not discuss the facts of the case with them. On the other hand, plaintiff researched the telephone numbers of the lawyers on the Internet, identified Messrs. Cincotta and Meyers as lawyers who could provide her with guidance and called the lawyers’ office for advice on how to proceed with her complaint against defendant.
In Pennsylvania, a lawyer need not actually have been hired for the privilege to apply. ”