Julian v. MetLife, Inc. et al

Filing 220

ORDER DIRECTING OPT-IN PLAINTIFF KIMBERLEE DOERR TO APPEAR FOR A DEPOSITION terminating 213 Letter Motion to Compel. IT IS HEREBY ORDERED AS FOLLOWS: 1. Opt-in Plaintiff Kimberlee Doerr must appear for deposition on a mutually convenient date wit hin 30 days of the date of this Order. In the alternative, Optin Plaintiff Doerr may, within the same period of time, file a request to withdraw her consent to join this FLSA action. 2. Should Opt-in Plaintiff Doerr fail to appear for a deposition w ithin 30 days of the date of this Order, she will be dismissed without prejudice from this action. 3. Plaintiffs' Counsel shall promptly serve a copy of this Order upon Opt-in Plaintiff Doerr at her last known mail and email addresses and fil e proof of such service on the Court's electronic docket. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 213. (As further set forth in this Order.). (Signed by Magistrate Judge Barbara C. Moses on 9/25/2020) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------DEBRA JULIAN, STEPHANIE
MCKINNEY, and KIMBERLY HARRIS, on
behalf of themselves and others similarly
situated,
Plaintiffs,
v.
METROPOLITAN LIFE INSURANCE
COMPANY,

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09/25/2020

Case No. 1:17-cv-00957-AJN-BCM

Defendant.
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[PROPOSED] ORDER DIRECTING OPT-IN PLAINTIFF
KIMBERLEE DOERR TO APPEAR FOR A DEPOSITION
WHEREAS, on June 30, 2020, the Court ordered that Defendant may conduct a total of
“13 additional opt-in plaintiffs, for a total of 20 opt-in depositions” and that ten (10) of the
additional opt-in plaintiff depositions would be selected by Defendant Metropolitan Life Insurance
Company (“Defendant” or “MetLife”) (Dkt. No. 188);
WHEREAS, on July 2, 2020, Defendant selected Opt-in Plaintiff Kimberlee Doerr as one
of its ten (10) additional opt-in deponents;
WHEREAS, on July 6, 2020, Defendant served a notice of deposition for Opt-in Plaintiff
Doerr on Plaintiffs’ Counsel;
WHEREAS, Opt-in Plaintiff Doerr has been unresponsive to communications from
Plaintiffs’ Counsel and has not appeared for a deposition;
WHEREAS, on September 21, 2020, Defendant moved to compel Opt-in Plaintiff Doerr
to appear for a deposition (Dkt. No. 213); and

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WHEREAS, consistent with the Court’s prior Orders regarding a prior non-responsive
opt-in plaintiff (Dkt. Nos. 134, 168), the Parties have stipulated that Opt-in Plaintiff Doerr should
be directed to either appear for a deposition within 30 days of a court order or her claims will be
dismissed without prejudice (Dkt. No. 218 at 3).
IT IS HEREBY ORDERED AS FOLLOWS:
1. Opt-in Plaintiff Kimberlee Doerr must appear for deposition on a mutually
convenient date within 30 days of the date of this Order. In the alternative, Optin Plaintiff Doerr may, within the same period of time, file a request to withdraw
her consent to join this FLSA action.
2. Should Opt-in Plaintiff Doerr fail to appear for a deposition within 30 days of
the date of this Order, she will be dismissed without prejudice from this action.
3. Plaintiffs’ Counsel shall promptly serve a copy of this Order upon Opt-in Plaintiff
Doerr at her last known mail and email addresses and file proof of such service on
The Clerk of Court is respectfully directed to close the
motion at Dkt. No. 213.

the Court’s electronic docket.

25th
SO ORDERED this ____ day of ____________________, 2020.
September

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HONORABLE BARBARA MOSES
UNITED STATES MAGISTRATE JUDGE

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