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

Filing 96

RESPONSE TO LETTER BRIEF filed 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 as to 94 LETTER BRIEF filed by Lanetta Kay Davis, Howard Warren, Gary Turner, David Stout, III, Mark Blanchard, Town of Morristown, Christopher Coffin, Frank L. Putman Letter to Judge Lowe from Jason Gerstein requesting that Kay Davis proceed with her deposition as soon as possible. (Gerstein, Jason)

Proskauer Rose LLP Eleven Times Square New York, NY 10036-8299

January 24, 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:

Jason D. Gerstein
Attorney at Law
d 212.969.3134
f 212.969.2900
[e-mail]
www.proskauer.com

Yoder v. Morristown, No. 09-cv-00007 (NPM/GHL)

Dear Judge Lowe:
We write in reference to the letter submitted by Defendants concerning Kay Davis’s availability
for deposition. (See Dkt. No. 94.)
We reiterate our sensitivity to Ms. Davis's illness. However, we cannot understand why it will
take an additional two weeks to confirm her availability. As noted in her physician’s January 5
note and as discussed with Your Honor last Wednesday, she is cleared to work up to four hours
per day in her capacity as Code Enforcement Officer. Further, Ms. Davis was well enough to
attend Plaintiffs’ depositions. We are of course willing to accommodate Ms. Davis’s needs,
including taking her deposition in installments, but respectfully request to proceed with her
deposition as soon as possible.
Sincerely,

Jason D. Gerstein
cc:

Gregg T. Johnson, Esq.
Timothy J. Higgins, Esq.
Michael T. Mervis, Esq.
Russell L. Hirschhorn, Esq.
Daniel P. Goldberger, Esq.
Lori H. Windham, Esq.

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