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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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Debra Kane Revit, Plaintiff, 10 11 12 No. CV-10-1653-PHX-DGC ORDER vs. First Advantage Tax Consulting Services, LLC, 13 Defendant. 14 15 16 The Court held a discovery conference call with the parties on November 3, 2011. 17 The call was held on the record. After hearing the positions of both parties, the Court 18 concluded that Plaintiff is entitled to remedial discovery as a result of Defendant’s late 19 disclosure of important emails in this case. As a result, the Court orders the following 20 relief: 21 1. The depositions of Ms. Henricks, Ms. Tesst, Ms. Boan, and Ms. Jones may 22 be re-opened, for up to two hours each, with the re-opened depositions to be completed 23 on or before December 2, 2011. The depositions may be completed by video conference 24 or telephone call. 25 26 27 28 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 1 with the telephone conference on November 3, 2011, and the re-opened depositions. The 2 parties shall confer to agree upon the amount of this reimbursement. If the parties are 3 unable to agree, they shall place a joint telephone call to the Court for resolution. 4 4. Defendant’s motion for summary judgment (Doc. 100) is denied without 5 prejudice. 6 December 9, 2011. Plaintiff’s response time shall run from the December 9, 2011 filing 7 of the motion for summary judgment. 8 9 10 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. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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