Wei v. Microsoft Corporation

Filing 23

ORDER denying 20 Motion for Contempt: Plaintiff's motion to hold in contempt the non-party witness, Dr. Juliana Kanji, is denied without prejudice to renewal in compliance with Local Civil Rule 83.6. Dr. Kanji is directed to comply with all of the terms and conditions of the subpoena duly served on her no later than August 30, 2013 at a mutually agreed date and time at the place noticed by plaintiff's counsel. So Ordered by Magistrate Judge E. Thomas Boyle on 7/26/2013. (Minerva, Deanna)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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CARY WEI,
Plaintiff,

ORDER

-against-

CV 12-2755 (JS) (ETB)

MICROSOFT CORPORATION,
Defendant.
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By letter motion dated July 8, 2013, the plaintiff, Cary Wei, requests the Court to hold in
contempt the non-party witness, Dr. Juliana Kanji, M.D., with offices at 775 Park Avenue, Suite
154, Huntington, New York 11743, based on her failure to appear pursuant to a subpoena
demanding her appearance and the production of records at a deposition commanded by counsel
for the plaintiff, Peter A. Romano, Esq., which should have taken place at counsel’s office in
Farmingdale on May 20, 2013 at 9:30 a.m.
The non-party, Dr. Kanji, failed to appear today and has offered no opposition to the letter
motion. Due to the drastic nature of the relief requested, which includes arrest and confinement
to ensure compliance, I deny the request at this time, without prejudice to renewal in compliance
with Local Civil Rule 83.6.
Instead, I direct that Dr. Kanji comply with all of the terms and conditions of the
subpoena duly served on her no later than August 30, 2013 at a mutually agreed date and time at
the place noticed by plaintiff’s counsel.

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SO ORDERED:
Dated: Central Islip, New York
July 26, 2013
/s/ E. Thomas Boyle
HON. E. THOMAS BOYLE
United States Magistrate Judge

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