Alvarado Balderramo et al v. Go New York Tours Inc. et al

Filing 335

ORDER: Accordingly, Plaintiffs' proposed order to show cause is DENIED without prejudice. Plaintiffs are directed to re-file a proposed order to show cause excluding Montero and Littlejohn. Plaintiffs are further directed to serve newly issued subpoenas as well as the Court's Order for compliance with Plaintiffs' subpoenas (Doc. 332) on Montero and Littlejohn. And as set forth herein. IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 12/20/2021) (ama)

Case 1:15-cv-02326-ER Document 335 Filed 12/20/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
VICTOR H. ALVARADO BALDERRAMO,
individually and on behalf of all other persons
similarly situated, et al.,
Plaintiffs,
– against –

ORDER
15 Civ. 2326 (ER)

GO NEW YORK TOURS INC., and ASEN
KOSTADINOV, jointly and severally,
Defendants.
Ramos, D.J.:
The Court is in receipt of Plaintiffs’ proposed order to show cause and the supporting
affirmation. Docs. 333, 334.
On December 3, 2021, the parties appeared before the Court for a pre-motion conference
in connection with Plaintiffs’ anticipated motion pursuant to Federal Rule of Civil Procedure
45(g) to hold the following deponents in contempt of Court for failure to respond to previously
issued subpoenas: (1) Standard Security Life Insurance Company of New York; (2) Viventium
Software, Inc.; and (3) Rodney Trahan. Docs. 318, 323. During the pre-motion conference, the
Court granted Plaintiffs leave to submit by December 17, 2021 a proposed order to show cause
to hold these three deponents in contempt of Court.
On December 9, Plaintiffs moved for leave to add the following two deponents to the
proposed order to show cause to hold them in contempt of Court for failure to appear at their
depositions: (1) Pedro Montero and (2) John Littlejohn. Doc. 331. On December 10, the Court
ordered Montero and Littlejohn to comply with Plaintiffs’ subpoenas to take their depositions,
and directed counsel of Plaintiffs to provide Montero and Littlejohn with a copy of this Order.

Case 1:15-cv-02326-ER Document 335 Filed 12/20/21 Page 2 of 2

Doc. 332. However, the Court did not grant Plaintiffs’ request for leave to add these two
deponents to their proposed order to show cause. Id.
On December 17, Plaintiffs filed a proposed order to show cause without emergency
relief and a supporting affirmation to hold the following five deponents in contempt of Court:
(1) Standard Security Life Insurance Company of New York; (2) Dan Neuburger on behalf of
Viventium Software, Inc.; (3) Trahan; (4) Littlejohn; and (5) Montero. Docs. 333, 334.
Accordingly, Plaintiffs’ proposed order to show cause is DENIED without prejudice. Plaintiffs
are directed to re-file a proposed order to show cause excluding Montero and Littlejohn.
Plaintiffs are further directed to serve newly issued subpoenas as well as the Court’s Order for
compliance with Plaintiffs’ subpoenas (Doc. 332) on Montero and Littlejohn.
It is SO ORDERED.
Dated:

December 20, 2021
New York, New York

Edgardo Ramos, U.S.D.J.

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