Escobar Montiel et al v. Shamrock Saloon II LLC et al

Filing 90

ORDER granting 89 Letter Motion to Compel: Granted. Defendants are ordered to appear for depositions on September 22 and September 23. (Signed by Judge Paul A. Engelmayer on 9/18/2020) (jwh)

Case 1:17-cv-05550-PAE Document 89 Filed 09/18/20 Page 1 of 5

Michael Faillace & Associates, P.C.
Employment and Litigation Attorneys

60 E. 42nd Street, Suite 2020
New York, New York 10165
_________

Telephone: [phone]
Facsimile: [phone]

[e-mail]

September 18, 2020

Sent Via ECF
Hon. Paul A. Engelmayer
United States District Judge
United States District Court
Southern District of New York
40 Foley Square, Room 2201
New York, NY 10007
Re:

Escobar Montiel et al v. Shamrock Saloon II LLC et al;
17-cv-05550-PAE

Dear Judge Engelmayer:
I am counsel to the Plaintiffs in the above-referenced matter. I write to respectfully request
Defendants be compelled to appear for depositions to be conducted on September 22, 2020 and
September 23, 2020 and for Defendants to provide the needed information to set up a remote
deposition. This is Plaintiffs’ second motion to compel. Until approximately 2pm, Friday
September 18, 2020, Defense counsel did not provide the undersigned a time for a call to be able
to meet and confer1.
We thank the Court for its attention to this matter.
Granted. Defendants are ordered to
appear for depositions on September
22 and September 23.

Respectfully Submitted,
/s/ Gennadiy Naydenskiy
Gennadiy Naydenskiy

SO ORDERED.
__________________________________
PAUL A. ENGELMAYER
United States District Judge
September 18, 2020
1

Emails sent to Defense counsel are attached as Exhibit A.
Certified as a minority-owned business in the State of New York

Case 1:17-cv-05550-PAE Document 89 Filed 09/18/20 Page 2 of 5

EXHIBIT A

Case 1:17-cv-05550-PAE Document 89 Filed 09/18/20 Page 3 of 5
Gennadiy Naydenskiy
Subject:

FW: Activity in Case 1:17-cv-05550-PAE Escobar Montiel et al v. Shamrock Saloon II LLC et al Order
on Motion to Compel

From: Gennadiy Naydenskiy <[e-mail]>
Sent: Friday, September 18, 2020 2:11 PM
To: Vince M. Avery <[e-mail]>
Cc: Brenda Tapia <[e-mail]>
Subject: Re: Activity in Case 1:17 cv 05550 PAE Escobar Montiel et al v. Shamrock Saloon II LLC et al Order on Motion to
Compel
I’m not available tomorrow.
Please provide the necessary info so we cant set up the depositions. Please confirm by 3pm today that Defendants will
appear for their noticed depositions on 9/22 and 9/23.

On Sep 18, 2020, at 1:57 PM, Vince M. Avery <[e-mail]> wrote:

Can you talk tomorrow? All day will work
Vincent Avery, Esq.
Partner
FordHarrison, LLP
60 East 42nd Street, 51st Floor
New York, NY 10165
P: 212 453 5935
C: 609 947 0451

On Sep 16, 2020, at 10:04 AM, Gennadiy Naydenskiy <[e-mail]>
wrote:

Hi Vincent,
I haven’t heard back from you. Are you available today to discuss?
Please confirm Defendants attendance at their noticed depositions. Also, please provide
me the info needed to conduct remote depositions.

From: Gennadiy Naydenskiy
Sent: Friday, September 11, 2020 1:46 PM
To: Vince M. Avery <[e-mail]>
1

Case 1:17-cv-05550-PAE Document 89 Filed 09/18/20 Page 4 of 5
Cc: Brenda Tapia <[e-mail]>
Subject: FW: Activity in Case 1:17 cv 05550 PAE Escobar Montiel et al v. Shamrock
Saloon II LLC et al Order on Motion to Compel
Vincent,
I will be conducted depositions of Defendants on 9/22/20 and 9/23/20. Notices will be
sent to you shortly. Please confirm Defendants attendance.
By 9/15/20 provide the info needed to conduct remote depositions.
From: [e-mail] <[e-mail]>
Sent: Thursday, September 10, 2020 4:46 PM
To: [e-mail]
Subject: Activity in Case 1:17 cv 05550 PAE Escobar Montiel et al v. Shamrock Saloon II
LLC et al Order on Motion to Compel

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U.S. District Court
Southern District of New York

Notice of Electronic Filing
The following transaction was entered on 9/10/2020 at 4:46 PM EDT and filed on
9/10/2020
Case Name:
Escobar Montiel et al v. Shamrock Saloon II LLC et al
Case Number:
1:17 cv 05550 PAE
Filer:
Document Number: 87
Docket Text:

ORDER granting [86] Letter Motion to Compel. The Court accordingly
grants an extension of two weeks to complete depositions. All
depositions must be completed by September 28, 2020. No further
extensions will be granted. The Clerk of Court is respectfully directed
to terminate the letter motion pending at docket 86. SO ORDERED.
(Signed by Judge Paul A. Engelmayer on 9/10/20) (yv)
1:17 cv 05550 PAE Notice has been electronically mailed to:
Michael Antonio Faillace [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail],
[e-mail], [e-mail],
2

Case 1:17-cv-05550-PAE Document 89 Filed 09/18/20 Page 5 of 5
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail]
Vincent Mantella Avery [e-mail], [e-mail],
[e-mail]
Gennadiy Naydenskiy
Haleigh Amant

[e-mail], [e-mail]

[e-mail]

1:17 cv 05550 PAE Notice has been delivered by other means to:
The following document(s) are associated with this transaction:
Document description:Main Document
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1008691343 [Date=9/10/2020] [FileNumber=24580448
0] [9848e846679a8395f9a94ea99b36f166c457c46235416436d5a31251350cac263f
34a519687e8c9783866655a9e91f15156bad9cefe9672ebdb6b92f7f5165e8]]

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