Twin County Hvac / Refrigeration LLC v. Ahold U.S.A. Inc. et al

Filing 24

ORDER re 22 : See attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 8/13/2013. c/ecf (Johnston, Linda)

Twin County Hvac / Refrigeration LLC v. Ahold U.S.A. Inc. et al

Doc. 24

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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TWIN COUNTY HVAC/ REFRIGERATION,
LLC,
Plaintiff,
-against-

ORDER
CV 10-2277 (LDW)(ARL)

AHOLD U.S.A. INC., et al.,
Defendants.
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LINDSAY, Magistrate Judge:
Before the court is the defendant Ahold U.S.A., Inc.’s (“defendant”) letter motion dated
August 6, 2013, seeking to compel a duly authorized representative of plaintiff to submit to a
deposition and for an award of costs and sanctions commensurate with plaintiff’s failure to appear
at a previously noticed deposition on August 6, 2013. Plaintiff has opposed the motion by letter
dated August 8, 2013 and also seeks costs and sanctions.
Defendant’s motion to compel the plaintiff to submit to a deposition prior to the discovery
deadline is denied as moot. The plaintiff represented in its letter dated August 8, 2013 that
defense counsel had called off the previously scheduled deposition with a request to plaintiff’s
counsel that the parties “finalize a binding schedule for the completion of depositions in advance
of the trial scheduled in October 2013” and that plaintiff’s counsel twice offered to reschedule the
deposition. Plaintiff’s counsel shall contact defense counsel forthwith to arrange for a mutually
convenient time to schedule the deposition. The parties’ respective requests for costs and
sanctions are denied.
Dated: Central Islip, New York
August 13, 2013

SO ORDERED:
_________/s/_____________________
ARLENE R. LINDSAY
United States Magistrate Judge

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