Silvers v. Google, Inc.

Filing 132

MOTION by Stelor Productions,L re: proceeding with deposition schedule re: Mr. Silvers (hd, Deputy Clerk)

Case 9:05-cv-80387-KLR

Document 132

Entered on FLSD Docket 10/04/2006

Page 1 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIp A I CASE NO. 05-803 87 CIV RYSKAM Y'NA C STEVEN A. SILVERS, an individual , Plaintiff,
V. GOOGLE INC ., a Delaware corporation, Defendant .

STELOR PRODUCTIONS , LLC'S MOTION FOR ORDER CONFIRMING STELOR MAY PROCEED WITH DEPOSITIONS IT PREVIOUSL Y AGREED TO SCHEDULE FOR OCTOBER 9-1 1 TO ACCOMMODATE THE SCHEDULE OF MR. SILVER S Stelor Productions, LLC ("Stelor") hereby moves on the following grounds for entry of an order confirming that Stelor may proceed with the depositions of Mr . Silvers and four other witnesses related to its contract claims against Mr. Silvers, scheduled for October 9-11, 2006 . When Stelor previously attempted to take Mr . Silvers' deposition, he filed a motion for protective order claiming that the issues related to Stelor's contract claims were not included within the scope of phase I . [DE 102] . By order dated September 11, 2006, this Court denied Mr . Silvers' motion for protective order, and ordered that the deposition previously set by Stelor should proceed . [DE 119] .

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Case 9:05-cv-80387-KLR

Document 132

Entered on FLSD Docket 10/04/2006

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The Court specifically ordered that the deposition was to include issues related to Stelor's cross-claim .

In light of that Order, Stelor has been attempting to schedule the few depositions it needs to conduct in connection with the contract claims against Mr . Silvers . The depositions are o f (1) Mr. Silvers himself, (2) Paul Worsham who had submitted an affidavit on Mr . Silvers' behalf in the case previously pending before Judge Hurley, an d (3) three former employees of Stelor whom Mr . Silvers has indicated he may call as witnesses at trial in this action . STELOR SET THE DEPOSITIONS FOR OCTOBER 9-11 IN A GOOD FAITH EFFORT TO ACCOMMODATE MR. SILVERS' SCHEDUL E Stelor has been attempting in good faith to coordinate the Silvers deposition - and the four additional depositions needed on the cross claim issues - with the schedules of Mr . Silvers and counsel for Google . All of the parties confirmed their availability and agreed to the scheduling of those depositions on October 9-11, 2006 . Accordingly, subpoenas and notices have been served, and the depositions were scheduled to proceed . Although Stelor wanted to, and attempted to, set the depositions earlier, Mr. Silvers repeatedly advised that he was unavailable prior to that date because of out2
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Case 9:05-cv-80387-KLR

Document 132

Entered on FLSD Docket 10/04/2006

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of-town travel commitments, and the Jewish Holidays . The week of October 9th was agreed upon primarily as an accommodation to him . The parties' agreement, moreover, was reflected in Google's Unopposed Motion to Alter the Scheduling Order, filed on September 27, 2006 . By Order dated September 29`h, the Court granted that motion in part, but set an October 5, 2006 deadline for discovery on the contract claims . [DE 127 ] Mr . Silvers is already under court order to appear for deposition, based on the Court's denial of his motion for protective order . Mr. Silvers, though, has advised that he will not appear for his deposition on the 91h in light of the September 29`h Order . He has also advised that he remains unavailable for deposition on October 5, 2006, a date on which Stelor previously attempted to schedule the deposition. Stelor should not be prejudiced because it attempted to work with Mr . Silvers and counsel for Google to schedule these depositions at a mutually agreeable time . ALTERNATIVE MOTION TO COMPEL MR. SILVERS TO APPEAR FOR DEPOSITION ON OCTOBER 5, 200 6 Alternatively, Stelor respectfully requests that the Court compel Mr . Silvers to appear for deposition on October 5, 2006 . WHERFORE, Stelor respectfully requests that discovery deadline for the contract claims be extended to October 11, 2006, to allow Stelor to take thes e
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Case 9:05-cv-80387-KLR

Document 132

Entered on FLSD Docket 10/04/2006

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depositions . Alternatively, Stelor requests an order compelling Mr . Silvers to appear for deposition on October 5, 2006 . Respectfully submitted , BURLINGTON, SCHWIEP, KAPLAN & BLONSKY, P .A .
Counsel for STELOR PRODUCTIONS, LLC, 2699 South Bayshore Drive, Penthous e

Miami, Florida 33133 Tel : [phone] Fax : [phone] Email : kl an(a)bskblaw.co m By : /s/ Kevin plan Florida Bar No . 933848 David J. Zack Florida Bar No. 64168 5

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Case 9:05-cv-80387-KLR

Document 132

Entered on FLSD Docket 10/04/2006

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CERTIFICATE OF SERVICE AND CONFERENCE 1 HEREBY CERTIFY that a true copy of the foregoing was se rv ed via facsimile and United States Mail on this 3rd day of October , 2006 upon the following:

Steven A . Silvers, pro se Suite 202 - PMB 20 3
8983 Okeechobee Boulevard West Palm Beach, Florida 3341 1 Tel : [phone]

Fax : [phone] gewrue(a>hotmai I .co m

Ramsey Al-Salam, Esq . William C. Rava, Esq . PERKINS COIE LLP Suite 480 0 1201 Third Avenu e Seattle, Washington 98101-3099 RAlsalam(a),pcrkinscoie .co m

Jan Douglas Atlas, Esq . ADORNO & YOSS LLP Suite 170 0
350 East Las Olas Boulevard Fo rt Lauderdale , Florida 33301

Johanna Calabria, Esq . PERKINS COIE LLP Suite 240 0 Four Embarcadero Center San Francisco, CA 94111 Tel : [phone] Fax : [phone] jcalabria(6~perkinscole .co m

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