Kaplan v. New York State Department of Labor et al
Filing 101
MEMO ENDORSEMENT on 98 denying 95 Letter Motion to Compel; denying 99 Letter Motion to Compel; denying 99 Letter Motion for Extension of Time to Complete Discovery. ENDORSEMENT: The Court has reviewed the entirety of the transcript, wh ich, while frequently disturbing, does not substantiate one of counsel for Ms. Dix's principal arguments - that Plaintiff's counsel referred to Ms. Dix as Hitler. That said, the Court observes that Plaintiff's counsel assumed the role not only of questioner, but of Greek Chorus as to many of Ms. Dix's answers,thereby unnecessarily prolonging her deposition. Counsel's treatment of the witness was also unnecessarily rude, and by the end of the deposition, counsel appeared unwilling or unable to let Ms. Dix complete her answers to his questions. Accordingly, the Court sees no reason to order the continuation of Ms. Dix's deposition, and no reason to impose costs on her or her counsel. Application DENIED. (Signed by Judge Katherine Polk Failla on 4/17/2020) (rro)
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