Thank you.
I think I found out that even though I'm not in the lawsuit I can be there.
Federal Rule of Civil Procedure 26(c)(1)(E)
"Unexpected Guests: Who May Attend A Deposition?
There are necessary participants at every deposition—the deponent, court reporter, counsel—but who else might you encounter? The answer may come as a surprise; in the absence of a protective order, there are no limitations on who can attend.[1]
Federal Rule of Civil Procedure 26(c)(1)(E) places the burden on the party seeking to exclude people from the deposition to move for a protective order “designating the persons who may be present while the discovery is conducted.”[2] To meet this burden, the moving party must show “good cause” that an order is necessary “to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.”[3]
Showing good cause requires the party seeking to exclude people from the deposition to make a substantiated and particularized demonstration of “serious harm” if the person to be excluded is allowed to attend. [4] Conclusory statements of threatened harm are insufficient.[5]"