American Lecithin Company et al v. Rebmann

Filing 345

ORDER denying 343 Letter Motion for Discovery. Therefore, the request is DENIED as it is premature. Third-Party Defendants' counsel may write to renew the request after the scheduled deposition has occurred. However, before writing to the Court, the parties are directed to meet and confer about the need for an enlargement of the deposition and the proposed scope of the enlargement. Further, on May 10, 2022, the Court granted a sixty-day stay in this action so that Defendant Carsten "Matthias" Rebmann could obtain new counsel. Dkt. No. 305. As the sixty-days have expired and Matthias has new counsel, Dkt. No. 313, the stay should be lifted. The Clerk of the Court is respectfully requested to close the motion at Dkt. No. 343 and lift the stay on this case. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 7/12/2023) (tg)

Case 1:12-cv-00929-VSB-JW Document 345 Filed 07/12/23 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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AMERICAN LECITHIN CO., LIPOID GmbH,
LIPOID LLC, and PHOSPHOLIPID GmbH,
ORDER

Plaintiffs,

12-CV-929 (VSB) (JW)

-againstCARSTEN MATTHIAS REBMANN,
Defendant;
Counterclaim and
Third-Party Plaintiff,
-againstHERBERT REBMANN, LIPOID
GRUNDSTUECKS GmbH, LIPOID
VERWALTUNGS, GmbH, LIPOID AG, and
COMPLECTOR AG,

Third-Party
Defendants.
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JENNIFER E. WILLIS, United States Magistrate Judge:
On July 11, 2023, Third-Party Defendants’ counsel wrote to request that the
ordered deposition of Third-Party Defendant Herbert Rebmann be held subject to any
need for a continued date. Dkt. No. 343. Defendant and Third-Party Plaintiff wrote
to oppose the request as premature. Dkt. No. 344. The Court may extend the
presumptive 7-hour deposition limit in Rule 30(d) for good cause. Margel v. E.G.L.
Gem Lab Ltd., No. 04-CV-1514 (PAC), 2008 WL 2224288, at *8 (S.D.N.Y. May 29,
2008). However, as the deposition has not yet occurred, the Court is unable to make
a determination about the scope of the enlargement needed.

Case 1:12-cv-00929-VSB-JW Document 345 Filed 07/12/23 Page 2 of 2
Therefore, the request is DENIED as it is premature. Third-Party Defendants’
counsel may write to renew the request after the scheduled deposition has occurred.
However, before writing to the Court, the parties are directed to meet and confer
about the need for an enlargement of the deposition and the proposed scope of the
enlargement.
Further, on May 10, 2022, the Court granted a sixty-day stay in this action so
that Defendant Carsten “Matthias” Rebmann could obtain new counsel. Dkt. No.
305. As the sixty-days have expired and Matthias has new counsel, Dkt. No. 313, the
stay should be lifted.
The Clerk of the Court is respectfully requested to close the motion at Dkt. No.
343 and lift the stay on this case.
SO ORDERED.
DATED:

New York, New York
July 12, 2023

______________________________
JENNIFER E. WILLIS
United States Magistrate Judge

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