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

Filing 90

STATUS REPORT by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Frank L. Putman, David Stout, III, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Town of Morristown, Gary Turner, Howard Warren, Levi Yoder, Jonas Zook, Sam Zook. (Hirschhorn, Russell)

Russell L. Hirschhorn

December 9, 2011

Senior Counsel
d 212.969.3286
f 212.969.2900

B Electronic Filin

rhirschhorn@proskauer.

The Honorable George H. Lowe
United States Magistrate Judge
U. S. District Court for the Northern District

corn

www. proskauer. corn

of New York

P.O. Box 7346
Syracuse, New York 13261-7346

Re:

Yoder et al. v. Town o Morristown

et al. Civil Case No. : 09-cv-00007 NPM/GHL

Dear Judge Lowe:
As you requested during the conference call held on November 29, we write jointly with
Defendants' counsel to inform the Court of the current schedule for depositions. The schedule is
as follows:
Wednesday, January 18:

19:

Thursday, January

Andy Miller
Menno Hershberger

30(b)(6) deposition of Defendant (via Kay Davis)
Remainder of Kay Davis
Dennie Swartzentruber
Mosie Swartzentruber

Friday, January 20:

Monday, January

30:

Levi Yoder
John Hershberger

Tuesday, January

31:

Chris Coffin
David Stout

Friday, February

3:

(if necessary)

Jonas Zook
Sam Zook

Monday, February

6:

Frank Putnam
David Murray

Tuesday, February

7:

Howard Warren
Gary Turner

Monday, April 2:

Boca Raton

l

Boston

l

Chicago

Menno Glick
Peter Swartzentruber

l

Hong Kong

l

London

l

Los Angeles

l

New Orleans

l

New York

l

Newark

l

Paris

l

Sao Paulo

l

Washington,

D. C.

Proskauer»
The Honorable George H. Lowe
December 12, 2011
Page 2
Tuesday, April

3:

Uric Hershberger
Bishop Mose Miller

In addition, we wish to memorialize in this letter some of the relevant agreements the
parties have reached concerning the taking of depositions in this matter. They are as follows:
individual fact witness deposition of Ms.
Kay Davis and that Defendants' counsel will produce Ms. Davis in response to the Plaintiffs'
Rule 30(b)(6) deposition notice, the parties have agreed that the two depositions will proceed
simultaneously and that if more than seven hours is needed on January 19, 2012, Defendants also
will produce Ms. Davis on January 20, 2012 (unless the parties agree to complete the deposition
on January 19th).

1. In light of the fact that Plaintiffs have noticed the

2. We have advised Defendants' counsel that they will need a Pennsylvania Dutch translator for
some of Plaintiffs' depositions. We will inform Defendants' counsel which of our clients need
an interpreter no later than December 31, 2011.

3. Although the parties have agreed to schedule two depositions on some days, both parties
reserve their rights to take as much time as needed (up to the seven hour limit imposed by the
Federal Rules of Civil Procedure). In the event a morning and/or afternoon deposition cannot be
started and/or completed because a deposition takes longer than anticipated, the parties agree to
reschedule that deposition at a mutually convenient time.
two
4. Plaintiffs have agreed to allow Defendants to take twelve depositions — in excess of the

in
limits imposed by the Federal Rules of Civil Procedure — light of the fact that there are twelve
named plaintiffs. In the event Defendants would like to take any additional depositions,
Plaintiffs' counsel has agreed to meet and confer with Defendants' counsel to see if we can come
to an agreement.

We are available to answer any questions the Court may have for the parties.

Russell L. Hirschhorn
CC:

All by Electronic Mail
Gregg T. Johnson, Esq.
Timothy J. Higgins, Esq.
Lori H. Windham, Esq.
Michael T. Mervis, Esq.
Jason D. Gerstein, Esq.
Daniel P. Goldberger, Esq.