Revit v. First Advantage Tax Consulting Services, LLC
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Debra Kane Revit,
First Advantage Tax Consulting Services,
The Court held a discovery conference call with the parties on November 3, 2011.
The call was held on the record. After hearing the positions of both parties, the Court
concluded that Plaintiff is entitled to remedial discovery as a result of Defendant’s late
disclosure of important emails in this case. As a result, the Court orders the following
The depositions of Ms. Henricks, Ms. Tesst, Ms. Boan, and Ms. Jones may
be re-opened, for up to two hours each, with the re-opened depositions to be completed
on or before December 2, 2011. The depositions may be completed by video conference
or telephone call.
Defendant shall pay all costs incurred in connection with the re-opened
Defendant shall pay Plaintiff’s reasonable attorneys’ fees in connection
with the telephone conference on November 3, 2011, and the re-opened depositions. The
parties shall confer to agree upon the amount of this reimbursement. If the parties are
unable to agree, they shall place a joint telephone call to the Court for resolution.
Defendant’s motion for summary judgment (Doc. 100) is denied without
December 9, 2011. Plaintiff’s response time shall run from the December 9, 2011 filing
of the motion for summary judgment.
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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