Stines v. Sanchez

Background

The parties reported in December 2023 that the deposition of Michelle Sweeney, a non-party witness, had occurred on November 29, 2023, and would continue at a later date. After a telephone call from Sweeney about scheduling, the court issued an order on April 3, 2024. Kimberly Stines and Defendants Baystate Gator Swim Club, LLC and Bernal’s Gator Swim Club of New England, Inc., identified in the order as the “Swim Club Defendants,” then filed response letters.

Court’s Rulings

The court ordered that Sweeney’s deposition take place on April 22, 2024, beginning at 6:30 p.m. Eastern time. The deposition was limited to no more than three hours of testimony, not counting breaks.

Stines filed a motion seeking to strike the Swim Club Defendants’ response letter or, alternatively, to seal it. The court denied the motion. It explained that the record did not support finding that the letter was abusive or otherwise improper enough to require striking it from the public docket. The court also found no specific and substantial reasons supporting sealing the letter. The court noted that the presumption of public access is generally lower for filings connected to discovery disputes than for materials connected to a trial or dispositive motions, but sealing still requires specific and substantial reasons.

Limits of the Order and Additional Directions

The court expressly made no holding and did not assume that any allegations in the parties’ or Sweeney’s submissions were true. It reminded counsel of their obligation to act professionally in dealings with one another and with witnesses. The Clerk of Court was directed to close the motion identified at ECF No. 111 and to mail a copy of the order to Sweeney; Chambers was also directed to email her a copy.