The Metropolitan Museaum of Art and Jan Cowles v. Safflane Holdings, Ltd. et al

Filing 15

ENDORSED LETTER addressed to Judge Denise L. Cote from Nehemiah S. Glanc dated 8/29/2011 re: Counsel for the Plaintiff writes to request that this Court endorse Mr. Golub's letter application ordering Mr. Marks to appear at his previously scheduled deposition date of September 8, 2011 or on a mutually agreeable date no later than September 30, 2011 and disallowing Mr. Baum to change Mr. Good's deposition date of September 27, 2011. ENDORSEMENT: Fact discovery closes Nov. 18. The parties shall make themselves available for a telephone conference with the Court on 9/6/2011 at 3:00 PM in the event this dispute is not resolved. Prior to that time the parties must confer together, in person or by telephone to resolve this issue. (Discovery due by 11/18/2011. Telephone Conference set for 9/6/2011 at 03:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 8/30/2011) (ab)

Aai.On Richa-rd Golub, GSejuire, P.C.

Lawye-rs

AClT'On RichClT'd Golub, L;squT'e
Nehemiah
DClvid

ClT'golub@ClT'golub.com

S. Glanc, L;squi-re

ngClnc@aT'gclub.com

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dlu@a-rgo1ubcom

AUG J 0 '2011
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BY HAND
Hon. Denise Cote
United States District Court ,
Southern District of New York'
500 Pearl Street, Room 1040
~ew York, NY 10007

Re:

Au~,2011

212-8384811
2i2-838-4860

MOENOO

Saftlane et al. v. Gagosian Gallery, ll-cv-01679-DLC ("Saftlane action")
-andThe Metropolitan Museum of Art, et. a1. v. Saftlane Holdings, et. a1.,

Dear Judge Cote:
This letter replies to the letter of SNR Denton dated August 29, 2011 concerning the
depositions of Lester Marks and John Good.
SNR Denton's letter is replete with outrageous misrepresentations including the offering
of deposition dates for August 20 and 21 which are a Saturday and Sunday as well as knowingly
offering dates during Mr. Golub's vacation and on Jewish holidays. Although Mr. Golub may
not celebrate all the Jewish holidays, I do. As Mr. Baum is aware, this office is a small office
with only three attorneys-Mr. Golub, myself and a junior associate. I am the associate
principally appointed to this case, have assisted Mr. Golub at all levels in this case and have
attended all the depositions to date. I am also insulted by Mr. Baum's characterization of
Shemini Atzeret as a minor Jewish holiday, which it is not.
As explained in Mr. Golub's letter dated August 26, 2011, September 8 was tentative for
plaintiffs only, because plaintiffs were trying to schedule the deposition of Jan Cowles prior to
Mr. Marks' deposition. September 8 was considered a firm deposition date by all other counsel.
For example, in Exhibit 2 page 2, under the section "Lester Marks," Gagosian's attorney Hollis
Bart, Esq. states "This deposition has already been confirmed for September 8th by David
BaUln." In other words September 8 was a confirmed date provided the Jan Cowles deposition
issue was resolved, which this Court resolved by its endorsed Order dated August 25,2011. The
July 27 date, in addition to being a date in which Mr. Golub would be away on vacation, was
never confirmed and always considered a control date as July 27 was neither discussed nor
agreed upon by other counsel.
Jan Cowles and her attorney in fact Lester Marks are one of the two plaintiffs in the Met
action. Mr. Wylde and Saftlane's deposition is scheduled for September 15,2011. A proposed

Hon. Denise Cote
August 29,2011
Page -2­
adjournment ofMr. Marks' deposition means that the usual order of depositions (i.e. defendants
deposing plaintitls) will be inverted and the plaintiffs in the Met action will have deposed the
defendants before the defendants depose the plaintiffs.
John Good's deposition for September 27 was also confirmed by all counsel and no one
considered Mr. Good's deposition as tentatIVe and nor does Mr. Baum assert that Mr. Good's
deposition date was considered tentative by any counsel.
Accordingly, plaintiffs respectfully request this Court endorse Mr. Golub's letter
application ordering Mr. Marks to appear at his previously scheduled deposition date of
September 8, 2011 or on a mutually agreeable date no later than September 30, 2011 and
disallowing Mr. Bau~n to change Mr. Good's deposition date of September 27, 20 II.
Respectfully submitted.

A~ 5-

Nehemiah S. Glane

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