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Kalinauskas v. Wong | 151 F.R.D. 363 (1993)

If a witness in civil litigation has information germane to the issues being litigated, but is prevented by a confidentiality agreement from revealing them, can a court compel the witness to testify? A federal magistrate judge considered that question in Kalinauskas versus Wong.

Lin Kalinauskas sued her former employer, Caesar’s Palace, and Nelson Wong, a Caesar’s representative, alleging sex discrimination. During discovery, Kalinauskas sought to take the deposition of Donna Thomas, another former Caesar’s employee who had previously sued Caesar’s for sexual harassment. Thomas had alleged conduct similar to what Kalinauskas claimed. Thomas and Caesar’s had reached a confidential settlement, and at their request, the court had sealed it. Citing the confidentiality agreement, Caesar’s sought a protective order to prevent Kalinauskas from taking Thomas’s deposition.

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