Julian v. MetLife, Inc. et al

Filing 137

ORDER granting 136 Letter Motion to Stay. Application GRANTED. The parties are directed to file a joint letter updating the Court on the status of this dispute no later than April 24, 2020. The plaintiffs' motion at Dkt. No. 107 will be held in abeyance until that time. (Signed by Magistrate Judge Barbara C. Moses on 4/13/2020) (cf)

Sanford Heisler Sharp, LLP

04/13/2020
David Tracey, Senior Litigation Counsel
[phone]
[e-mail]

New York | Washington D.C. | San Francisco | San Diego | Nashville | Baltimore

April 10, 2020
VIA ECF
Hon. Barbara Moses
Daniel Patrick Moynihan Courthouse
500 Pearl Street, Room 740
New York, NY 10007
Re:

1350 Avenue of the Americas, Floor 31
New York, NY 10019
Telephone: [phone]
Fax: [phone]
www.sanfordheisler.com

Application GRANTED. The parties are directed to file a joint
letter updating the Court on the status of this dispute no later
than April 24, 2020. The plaintiffs' motion at Dkt. No. 107 will
be held in abeyance until that time. SO ORDERED.

______________________________
Barbara Moses, U.S.M.J.
April 13, 2020

Julian, et al. v. Metropolitan Life Insurance Co., No. 1:17-cv-00957-AJN-BCM
Motion to Compel 30(b)(6) Designee on MetLife’s ESI

Dear Magistrate Judge Moses:
We write regarding Plaintiffs’ request for a pre-motion conference to compel a 30(b)(6)
designee on Defendant Metropolitan Life Insurance Company’s (“MetLife”) electronically stored
information (“ESI”). Plaintiffs filed this request via letter motion on February 20, 2020, Dkt No.
107, and Defendant filed a response in opposition on February 25, 2020, Dkt. No. 110. On
February 28, 2020, the Parties jointly informed the Court that they had agreed to further meet and
confer on the issues raised in their letters in order to attempt to resolve their dispute without further
need for court intervention. Dkt. No. 113. On March 5, 2020, on March 13, 2020, and on April 3,
2020, the Parties informed the court that they were continuing their efforts to resolve their dispute.
Dkt. No. 116, 123 & 130.
As stated in the Parties’ joint letter of April 3, 2020, Defendant’s counsel conducted
interviews with potential 30(b)(6) designees and drafted written descriptions of certain systems
about which Plaintiffs seek testimony. On April 9, 2020, Defendant’s counsel provided those
written descriptions to Plaintiffs’ counsel after relevant MetLife personnel reviewed the
descriptions to ensure their accuracy. While the descriptions may mitigate the need for deposition
testimony on some of the systems at issue, Plaintiffs are still considering whether deposition
testimony remains necessary for certain other systems at issue. Plaintiffs will further evaluate the
Defendant’s written descriptions, and the Parties will continue their efforts to meet and confer.
Accordingly, the Parties jointly request that the Court continue to hold Plaintiffs’ motion,
Dkt. No. 107, in abeyance, and not set a date for a pre-motion conference until April 27, 2020. The
Parties intend to inform the Court by April 24, 2020 as to whether they have resolved their dispute.

Hon. Barbara Moses
April 10, 2020
Page 2 of 2
Respectfully,

/s/ David H. Tracey
David H. Tracey
SANFORD HEISLER SHARP LLP
1350 Avenue of the Americas, 31st Floor
New York, New York 10019
[phone]

/s/ Melissa C. Rodriguez
Melissa C. Rodriguez
MORGAN, LEWIS & BOCKIUS
101 Park Avenue
New York, New York 10178
[phone]

Attorneys for Plaintiffs, the Members
of the Collective Action, and the
Members of the Proposed Classes

Attorneys for Defendant