Yoder, et al v. Town of Morristown, et al

Filing 100

STATUS REPORT by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook. (Hirschhorn, Russell)

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Proskauer Rose LLP Eleven Times Square New York, NY 10036-8299 January 30, 2012 By ECF The Honorable George H. Lowe United States Magistrate Judge U.S. District Court for the Northern District of New York P.O. Box 7346 Syracuse, New York 13261-7346 Re: Russell L. Hirschhorn Attorney at Law d 212.969.3286 f 212.969.2900 rhirschhorn@proskauer.com www.proskauer.com Yoder, et al. v. Town of Morristown, et al., Civil Case No.: 09-cv-00007 (NPM/GHL) Dear Judge Lowe: I write to follow-up on my January 25, 2012 letter on the issue of Defendants’ request to audio-record Plaintiffs’ depositions. We have conferred with our Clients and have learned that just as videotaping and photography are against our Clients’ religious beliefs, so too is audiorecording. Put simply, our Clients’ religion prohibits them from being permanently recorded in voice, video or photograph. During the conference call with Your Honor on January 20, 2012, Your Honor asked why audio-recording is different than a stenographer. Our Clients have explained that a stenographer only captures the words spoken, which, in their religious belief, is very different than having their voice or image permanently recorded. In light of the foregoing, it is our understanding, based on the conference with Your Honor on January 20, 2012, that Defendants will not be permitted to audio-record or videotape any of Plaintiffs’ depositions. We are available to answer any questions you may have for us. Respectfully Submitted, Russell L. Hirschhorn cc: Gregg T. Johnson, Esq. Timothy J. Higgins, Esq. Lori Winham, Esq. Michael T. Mervis, Esq. Daniel P. Goldberger, Esq. Jason D. Gerstein, Esq. Benjamin M. Rattner, Esq. Boca Raton | Boston | Chicago | Hong Kong | London | Los Angeles | New Orleans | New York | Newark | Paris | São Paulo | Washington, D.C.

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