Blaszkowski et al v. Mars Inc. et al

Filing 436

RESPONSE in Opposition re 426 MOTION to Compel the Depositions of Plaintiffs and Incorporated Memorandum of Law, 428 MOTION to Compel the Depositions of Plaintiffs and Incorporated Memorandum of Law filed by All Plaintiffs. (Attachments: # 1 Affidavit Affidavit of P. Keegan Ex A)(MacIvor, Catherine)

Blaszkowski et al v. Mars Inc. et al

Doc. 436 Att. 1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 07-21221 CIV ALTONAGA/Brown RENEE BLASZKOWSKI, et al., individually and on behalf of others similarly situated, Plaintiffs/Class Representatives, vs. MARS INC., et al. Defendants. ______________________________________________/ DECLARATION OF PATRICK N. KEEGAN SUPPORTING PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO COMPEL DEPOSITIONS OF PLAINTIFFS I, Patrick N. Keegan, declare and state as follows: 1. I am a partner at Keegan & Baker, LLP, co-counsel for Plaintiffs with Catherine J.

MacIvor of Maltzman Foreman, PA. I have personal knowledge of the facts and issues set forth in this Declaration. 2. My firm became co-counsel in this matter in June 2008, last month, and we have

not yet completed our communications with these Plaintiffs, reviewed the file, and legal research and factual investigations necessary to participation in these depositions.. 3. On July 28, 2008, I participated in a telephonic conference call with Defendants'

counsel wherein we discussed the scheduling of Plaintiffs' depositions. As a result of counsels' efforts, Plaintiffs have agreed to the deposition schedule originally proposed by Defendants, 1 CASE NO. 07-21221 CIV ALTONAGA/Brown

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except for the change of the Plaintiffs' depositions during the week of August 4th to the week of September 15th. Specifically, Plaintiffs' counsel agreed to stipulate to the rescheduling of Plaintiffs' depositions during the week of August 4th to the week of September 15th in as follows: September 16th ­ Deposition of Claire Kotzampaltiris in New York; September 17th ­ Deposition of Donna Hopkins-Jones in New York; September 18th ­ Deposition of Tone Gaglione in New York; September 19th ­ Deposition of Michelle Lucarelli in New York. The parties have also agreed that Plaintiffs could switch dates during September 16th ­ 19th with prior notice to counsel for Defendants. 4. To the best of my knowledge, there are currently no dispositive motions, ADR,

hearings, or other matters between now and Plaintiffs' stipulated dates as set forth above that would necessitate "good cause" for earlier dates than those which Plaintiffs have now agreed to. I declare under penalty of perjury that the foregoing is true and correct. Executed this 28th day of July, 2008.

/s/________________________ Patrick N. Keegan

2 CASE NO. 07-21221 CIV ALTONAGA/Brown