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As Elliott Prepares to Depose Moira Donegan About Google Spreadsheet Section 230 at Issue

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

EDNY COURTHOUSE, Jan 5 – In the case of Stephen Elliott against Moira Donegan for creating the Google Spreadsheet called "Shitty Media Men," on January 5 U.S. District Court for the Eastern District of New York Magistrate Judge Sanket Bulsara held a proceeding about the upcoming deposition of Donegan.

 It is both about #MeToo and Section 230. Inner City Press live tweeted it, here:

Judge Bulsara asks if they want him to limit scope of deposition.

 Judge Bulsara says the deposition should not get into whether and how Ms. Donegan omitted or "did not preserve" certain information, says Elliott may choose to pursue some sort of sanctions for that.

 Judge Bulsara: Do you want to ask about the veracity of info in the spreadsheet?

Lewis for Elliott: I don't believe Ms. Donegan knows Mr. Elliott. So I may want to ask if she took any steps to understand the veracity or not. Judge: How does that fit into immunity?

 Judge Bulsara: I find that the veracity of the info in the spreadsheet is beyond the scope of the deposition. I'm granting the request for a protective order. As to Ms. Donegan's interaction with other third parties, how about inquiries into entries without names?

 Judge Bulsara: I am going to rule that the transcript of the deposition be sealed, at least temporarily.

Now Judge Bulsara is suggesting that the two counsel agree before the deposition which cells of the spreadsheet should be asked about, and which should not. That would be counsel to counsel communication not subject to public access.

Now Judge Bulsara is being asked about an affidavit submitted to him under seal. He cuts in to say, Yes I received it and it may obviate getting into this at this time. It can be dealt with at the end of the case.

 The lawyer thank Judge Bulsara for working so late. He says, "It's early for us."

Discovery will now closed by the end of next week. The deposition will happen, with the described limitations.

The case is Elliott v. Donegan, et al., 18-cv-05680, EDNY (LaShann Moutique DeArcy Hall / Sanket J. Bulsara)


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