Revit v. First Advantage Tax Consulting Services, LLC

Filing 103

ORDER re discovery conference call. Depositions of Ms. Henricks, Ms. Tesst, Ms. Boan, Ms. Jones may be re-opened. Depositions to be completed on or before 12/2/2011. Depositions may be completed by video conference or telephone call. Depositions may last up to 2 hours each. Attorneys' fees awarded. Defendant's motion for summary judgment 100 denied without prejudice. Defendant shall re-file motion for summary judgment on 12/9/2011. Signed by Judge David G Campbell on 11/7/2011.(NVO)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Debra Kane Revit,
Plaintiff,

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No. CV-10-1653-PHX-DGC
ORDER

vs.
First Advantage Tax Consulting Services,
LLC,

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Defendant.

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The Court held a discovery conference call with the parties on November 3, 2011.

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The call was held on the record. After hearing the positions of both parties, the Court

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concluded that Plaintiff is entitled to remedial discovery as a result of Defendant’s late

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disclosure of important emails in this case. As a result, the Court orders the following

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relief:

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1.

The depositions of Ms. Henricks, Ms. Tesst, Ms. Boan, and Ms. Jones may

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be re-opened, for up to two hours each, with the re-opened depositions to be completed

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on or before December 2, 2011. The depositions may be completed by video conference

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or telephone call.

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2.

Defendant shall pay all costs incurred in connection with the re-opened

depositions.
3.

Defendant shall pay Plaintiff’s reasonable attorneys’ fees in connection

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with the telephone conference on November 3, 2011, and the re-opened depositions. The

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parties shall confer to agree upon the amount of this reimbursement. If the parties are

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unable to agree, they shall place a joint telephone call to the Court for resolution.

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4.

Defendant’s motion for summary judgment (Doc. 100) is denied without

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prejudice.

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December 9, 2011. Plaintiff’s response time shall run from the December 9, 2011 filing

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of the motion for summary judgment.

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5.

Defendant shall re-file the motion for summary judgment on

The Court awards this relief pursuant to Rule 37(d)(3) of the Federal Rules

of Civil Procedure.
Dated this 7th day of November, 2011.

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