SANDLER v. CALCAGNI et al

Filing 73

RESPONSE to Motion re 68 MOTION for Entry of Default Against Defendant Mia Calcagni filed by RALPH CALCAGNI, MAUREEN CALCAGNI, MIA CALCAGNI.Reply due by 12/10/2007. (MALLONEE, BRUCE)

SANDLER v. CALCAGNI et al Doc. 73 UNITED STATES DISTRICT COURT DISTRICT OF MAINE SHANA SANDLER, Plaintiff v. MIA CALCAGNI, RALPH CALCAGNI, MAUREEN CALCAGNI, PETER MARS, and BOOKSURGE, LLC Defendants ) ) ) ) ) ) ) ) ) ) ) Case No. 1:07-CV-00029 OPPOSITION OF DEFENDANTS MIA, RALPH, AND MAUREEN CALCAGNI TO PLAINTIFF'S MOTION FOR DEFAULT The Calcagni Defendants respond to Plaintiff's Motion for Default as follows: 1. The parties to this action scheduled depositions of all parties except for Defendant Booksurge, LLC, for November 2, 5, and 6, 2007, to be conducted in the offices of Plaintiff's counsel in Bangor, Maine. 2. Plaintiff Shana Sandler's deposition was to be taken on Friday, November 2. The deposition of Defendant Maureen Calcagni was to be taken on the morning of November 5, to be followed by the deposition of Defendant Ralph Calcagni in the afternoon. Defendant Peter Mars was to be deposed on the morning of November 6, with Defendant Mia Calcagni's deposition to occur in the afternoon. 3. Actual events did not progress to completion as planned. Plaintiff Sandler's deposition was commenced on November 2 but not completed. Defendant Maureen Calcagni continues to be a resident of Winthrop, Maine, but maintains quarters in Massachusetts, where she is employed by L. L. Bean; she traveled to Bangor for her deposition on limited sleep, having worked over the weekend. Her deposition was begun on November 5, consumed the entire day, and was not completed. {R0420745.1 49252-053567} 1 Dockets.Justia.com 4. Defendant Ralph Calcagni's deposition was deferred from the afternoon of November 5 to the morning of November 6. It began in the morning, consumed the entire day, and was not completed. 5. Defendant Peter Mars's deposition was not reached. Neither was Defendant Mia Calcagni's. 6. The deposition of Defendant Booksurge, LLC, is expected to take place in Charleston, South Carolina. Depositions of other parties may resume in or near Boston, Massachusetts. Defendant Mia Calcagni will appear for her deposition in either of these locations. WHEREFORE, Defendant Mia Calcagni prays that Plaintiff's Motion for Default be denied. Dated at Bangor, Maine, this 27th day of November, 2007. /s/ Bruce C. Mallonee, Esq. Bruce C. Mallonee, Esq. RUDMAN & WINCHELL Attorney for Defendants Mia Calcagni, Ralph Calcagni, and Maureen Calcagni 84 Harlow Street, P.O. Box 1401 Bangor, Maine 04402-1401 Telephone: (207) 947-4501 bmallonee@rudman-winchell.com {R0420745.1 49252-053567} 2 CERTIFICATE OF SERVICE I hereby certify that I served a copy of Defendant Mia Calcagni's Opposition to Plaintiff's Motion for Default, upon counsel of record by electronic mail, on the 27th day of November, 2007, addressed to: Bernard J. Kubetz, Esq. Eaton Peabody Fleet Center 80 Exchange Street P.O. Box 1210 Bangor, ME 04402-1210 Tel: 947-0111 Email: bkubetz@eatonpeabody.com Steven P. Wright, Esq. Kirkpatrick & Lockhart Preston Gates Ellis, LLP State Street Financial Center One Lincoln Street Boston, MA 02111-2950 Tel.: 617-261-3164 Email: steven.wright@klgates.com Matthew J. Segal, Esq. Kirkpatrick & Lockhart Preston Gates Ellis, LLP 925 Fourth Ave., Suite 2900 Seattle, WA 98104-1158 Tel.: 206-370-7595 Email: matthew.segal@klgates.com J. William Druary, Esq. Marden, Dubord, Bernier & Stevens 44 Elm Street, P.O. Box 708 Waterville, ME 04903 Tel.: (207) 873-0186 FAX: (207) 873-2245 Email: bdruary@mardendubord.com /s/ Bruce C. Mallonee Bruce C. Mallonee, Esq. {R0420745.1 49252-053567} 3