Demaj v. Sakaj

Filing 142

ORDER: granting in part 130 Motion to Quash. Signed by Judge Joan G. Margolis on 8/23/2012. (Rodko, B.)

DEMAJ V. SAKAJ, 09 CV 255 (JGM)
8/23/12 – ELECTRONIC ORDER GRANTING IN PART PETITIONER'S MOTION TO QUASH,
FILED 8/14/12 (Dkt. #130)
The issues here have been more than adequately addressed. (Dkts. ##130-31).
The procedural history behind this highly acrimonious litigation is set forth in
considerable detail in this Magistrate Judge's electronic endorsement, filed yesterday (Dkt.
#141), familiarity with which is presumed.
At issue here is Petitioner's Notice of Videotaped Telephonic Deposition, scheduled
for August 27, 2012, of Andrea Bucciarelli, who is Petitioner's attorney in Italy. (Dkt. #130).
From the attachments, it appears that the deposition originally had been scheduled for March
15, 2012, just prior to the resumption of trial on March 27, 2012. (Dkts. ##119-20). In this
motion, Respondent argues that: (1) the deposition should have been held in the fall of
2011, when other depositions took place in Italy, or in March 2012; (2) Respondent's crossexamination will be "severely limited" when and if Attorney Bucciarelli asserts the attorneyclient privilege; and (3) the deposition is "very late[,]" in that it will be held five business
days before trial, without proper time for translation and transcription. (Dkt. #130, at 2).
Petitioner responded that: (1) the deposition was postponed in March 2012 when the
parties were engaged in settlement discussions (see Dkt. #121); (2) Petitioner intends to
question Bucciarelli about his conversations with third parties, not privileged conversations
between Bucciarelli and Petitioner, and further, that the privilege is Petitioner's to waive if
he so desires; and (3) either party is free to order an expedited transcript at their own
expense prior to trial. (Dkt. #131, at 1-3).
The videotaped telephonic deposition will be permitted, but with the following
limitations: (1) inquiry shall be limited to the "Well-Settled" Defense (see Dkt. #141); and
(2) the deposition will be limited to three hours of actual testimony.