More fascist tactics by the Varian SLAPP attorneys:
Letter from Poppe to Widmann dated May 11, 2001
"Dear Mr. Widmann:
Jeff Wright is available for his deposition and the deposition of Varian Medical Systems, Inc. on either June 7 or June 11. Please let me know which date you prefer.
I suggest that we schedule George Zdasiuk's deposition for the week of June 18. I also propose that we stipulate to a protective order along the lines of the one entered by Judge Cabrinha for the Jeff Wright depositions. A proposed stipulation is attached. The protective order is justified because you and Mr. Falcon will undoubtedly be asking Mr. Zdasiuk about personal matters that should not be published on the Internet, as you did at previous sessions of his deposition. Despite the fact that those portions of his deposition testimony were designated 'Confidential' pursuant to the protective order entered in federal court, Mr. Delfino and Ms. Day still published the testimony on the Internet. We will consider any reasonable alternatives you may propose, but if we cannot agree on a protective order then we will file a motion to be heard on June 15, the earliest available hearing date. (We would be amenable to asking Judge Cabrinha for a more expedited schedule if you like.)
Please send me copies of the ex parte papers you intend to submit to the Court regarding your request for a commission for the deposition of Reuel Liebert, and provide us with a list of the deposition topics. We will then consider whether to oppose the application.
I will let you know as soon we have formulated our position regarding my deposition.
Very truly yours,
Matthew H. Poppe"
[PROPOSED] PROTECTIVE ORDER RE DEPOSITION OF GEORGE ZDASIUK
Plaiintiffs Varian Medical Systems, Inc., Varian Semiconductor Equipment Associates, Inc. Susan B. Felch and George Zdasiuk ("Plaintiffs"). defendant Michelangelo Delfino, and Mary Day, by and through their respective counsel of record, hereby stipulate and agree as follows:
1. The portion of the deposition of plaintiff George Zdasiuk that remains to be completed (such portion to be referred to herein as the "Zdasiuk Deposition") shall not be videotaped;
2. The transcript of the Zdasiuk Deposition shall be marked and treated as Attorneys' Eyes Only. The content of the Zdasiuk Deposition shall not be divulged under any circumstances to defendants Mary Day and Michelangelo Delfino, or to any other person other than Glynn Falcon and Randall Widmann, the counsel of record for Michelangelo Delfino and Mary Day, respectively.
3. The original transcript of the Zdasiuk Deposition is ordered sealed by order of this Court pending further review. The court reporter is to maintain the original sealed copy of the transcript;
4. Mary Day and Michelangelo Delfino shall not attend the Zdasiuk Deposition, not shall their counsel discuss with them what is disclosed in the deposition;
5. Glynn Falcon and Randall Widmann shall keep their copies of the transcript of the Zdasiuk Deposition separate from their other files related to this case, in a locked room or cabinet to which Michelangelo Delfino and Mary Day have no access;
6. To the extent the transcript of the Zdasiuk Deposition becomes relevant to this case, and any party makes a motion in connection therewith, the memorandum and papers filed therewith shall not be filed with the Court but shall instead be lodged under seal.
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