Cooke et al v. DB 85 Gym Corp et al

Filing 26

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Corey Stark dated 2/24/2012 re: Counsel for the plaintiffs request an extension of the February 29, 2012 deadline to complete fact discovery. ENDORSEMENT: So Ordered. The case mgmt conf of 3/16/12 is adjourned to May 11, 2012, 10:00 a.m. (Case Management Conference set for 5/11/2012 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 2/29/2012) (ft)

82/24/2012

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February 24, 2012
By Facsimik

Hon. Alvin K. Hellerstein
United States District Court
Southern District of New York
500 Pearl Street

New York, New York 10007
Re:

CookelRodino v. DB 8S Gym Corp. et al.

Civil Action NQ.: 11 Civ. 0201 {AKIfl (RLE)

Dear Judge Hellerstein:

I am a member of the Dweck Law Finn, LLP, attorneys for Plaintiffs in the
above-referenced matter. I write regarding a discovery issue concerning Defendants'
depositions and to request an extensi.on of the February 29, 2012 deadline to complete
fact discovery. This is the first request for an extension of any discovery deadline in the
Case Management Plan.
Defendants' cOUllSel has deposed Plaintiffs and Plaintiffs' counsel has
commenced Defendants' depositions. Plaintiff has deposed Jamie Chandler, Defendants'
employee, and intends to take testimony from Lamar Talbert. who is also currently employed
by David Barton Gym. Based upon the fact that Mr. Talbert is a current employee,
Defendants must produce him for a deposition. Despite the filct that Mr. Talbert is a current
employee, he is unwilling to submit to a deposition. Defendants' attorney Michael J.
Vollbrecht advised me of Mr. Talbert's reluctance to submit to a deposition, and requested
that I allow him time to convince Mr. Talbert to appear voluntarily. Mr. Vollbrecht recently
advised me that he is not able to convince Mr. Talbert to appear voluntarily. On this basis,
we are in the process of serving Mr. Talbert with II subpoena. For strategic reasons,
Plaintiffs intend to depose Mr. Talbert before the remaining witnesses. I

02i24/2012

08: 53

2125'3725210

.DWECK LAW

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THE DWECK LAW FIRM, I.I.P

Hon. Alvin K. Hellcrsteln

February 24,2012

Page 2 of2

In addition, discovery was delayed in this matter because of the bankruptcy
proceeding involving some ofthe Defendants. Although Your Honor directed the parties
to commence discovery while the bankruptcy matter was still pending, Defendants were
unwilling to commence depositions until it was clear that the proceeding was nearing its
conclusion. This request fur an exlension is necessitated by the bankruptcy delay, the
issue involving Mr. Talbert's deposition and the parties'prior discovery dispute.
Based on the foregoing, Plaintiffs request an extension of the fact discovel)'
deadline from February 29, 2012 to April 13, 2012. Prior to making this application, I
contacted Michael J. Vollbrecht, and he consented to the adjournment.

J note that there is a Case Management Conference scheduled for Friday, March
16,2012. If the forgoing request is granted, we request that Your Honor adjourn the
March 16th conference to a date subsequent to the proposed April 13,2012 close of met
discovery.

We thank Your Honor for considering the foregoing.
Respectfully,

THE DWECK LAW FIRj\1, LLP

0Jti9&--

Corey Stark (CS-3897)
cc:

Micbael J. Vollbrecht, Esq. (by electronic mail)

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