Anwar et al v. Fairfield Greenwich Limited et al

Filing 1240

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Richard E. Brodsky dated 1/31/2014 re: Therefore, we have agreed with Sullivan & Cromwell to the following schedule: The expert's report will be made available to Plaintiffs' counsel no later than March 3, 2014; The expert will be made available for a deposition in New York, New York on March 27 or March 28, 2014 (the date to be agreed to between counsel). ENDORSEMENT: So Ordered (and Thank You!). (Signed by Magistrate Judge Frank Maas on 1/31/2014) (djc)

From', Rkhard E. Brodsky

Fax: +1 \212) 805-6724

To: Frank Maas

Fax: [phone]

THE BRODSKY LAW FIRM,

Page 2 of::; 1131120145:05

PL

RICHARD £. BRODSKY, ATTORNEY AT LAW

January 31, 2014

MEMO ENDORSED

VIA EMAIL/PDF FORMAT
The Hon. Frank Maas
United States Magistrate Judge
Daniel Patrick Moynihan United States Courthouse
500 Pearl Street
New York, New York 10007·1312
Re:

Anwar v. Fairfield Greenwich
No. 09·cv-118 (S.D.N.Y.)
Standard Chartered Cases

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Dear Judge Maas:

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I am writing as counsel for the Maridom Plaintiffs and as Liaison
Counsel for the Standard Chartered Plaintiffs ("SC Plaintiffs)'). This letter is
response to Sullivan & Cromwel1'sletter of even date concerning their
request for additional delay in concluding the taking of depositions of the
parties' experts.
It is true that we opposed this delay, but lest Your Honor think
that we were unreasonable in opposing the Defendants' request, we
want to inform the Court of the basis of the explanation provided us for
the delay: that the new expert would be travelling March 2-14, 2014,
with most of the time of the travel falling after the requested March 3
deadline for delivering the report. Sullivan & Cromwell made no
mention about any travel plans for February 2014. Given that counsel
had previously written this Court on December 10, 2013 that
"Standard Chartered [had] proposed [to the Plaintiffs] a schedule
pursuant to which its new expert would be deposed by February 28,
2014," and "Standard Chartered remains prepared to proceed on such a
schedule," (emphasis added), we saw no reason to accede to an
abandonment of the prevjously agreed to schedule.

Now we have read todais letter to the Court, which provides a
radically different reason for delay -- that the putative expert would be
unavailable for extensive periods of time in February, and thus
presumably would be unable to work on his or her report during those
"away" days. Assuming, as of course we do, that the expert's schedule
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F"om: Ri.;hatd E, Brodsky

Fax: [phone]

To: Frank Maas

Fax: [phone]

Page 3 of:) 1131120145:05

Hon. Frank Maas
January 31,2014
Page 2

is as now presented to Your Honor, as much as we are opposed to
further delay, we see no alternative than to accede to the requestect
postponement.
Therefore, we have agreed with Sullivan & Cromwell to the
following schedule:
• The expert's report will be made available to Plaintiffs'
counsel no later than March 3, 2014;
• The expert will be made available for a deposition in New
York, New York on March 27 or March 28,2014 (the date to
be agreed to between counsel).
Thank you very much for your consideration of this letter.
Sincerely yours,
The Brodsky Law Firm, PL

Richard E. Brodsky

cc:

Counsel for Standard Chartered Defendants
Members of Standard Chartered Plaintiffs' Steering Committee