Varon v. Hakmon

Filing 58

ORDER granting in part and denying in part 54 Letter Motion for Discovery. IT IS HEREBY ORDERED that: 1. Defendant's motion for leave to conduct depositions of (1) Structural Engineering Technologies, P.C.; (2) N&S Soil and Concrete Testing or Nari Motwani; (3) AA Inspections & Building Services Inc. or Parbhunath Indardeo; (4) M.A.R. Design Services or Maqsood Ahmed Faruqi; and (5) Richard Ramkeesoon is granted. 2. Due to the concerns reflected by the Court on the record on November 22 , 2019, defendant's motion for leave to re-depose plaintiff Varon is denied. See Fed. R. Civ. P. 26(c) ("The court may, for good cause issue an order to protect a party... from annoyance, embarrassment, oppression or undue burden or expense ."). 3. If defendant intends to conduct those five depositions, he shall issue subpoenas to the deponents on or before January 31, 2020. The last day to take depositions shall be March 17, 2020. 4. Defendant is granted leave to retain a "ge otechnical engineering expert who can inspect and report on the soil conditions." (ECF No. 54 at 2.) That report shall be served on defendant on or before March 17, 2020. 5. Plaintiff may depose defendant's "geotechnical engineering expert" on or before April7, 2020. 6. There will be a pretrial conference in Courtroom 23A, 500 Pearl Street, New York, NY 10007 on March 19, 2020 at 11:00 a.m. SO ORDERED. (Signed by Judge Sidney H. Stein on 1/21/2020) (kv)

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rr---•• Arii4tl4:>e:h,•e~ ~ Cl ·· 1• ti' USDC SDNY (. DOClHi1ENT UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ANATVARON, HELBCI'RONIC'.ALLY FILED · , ti DOC#: _--4-._-- , ' : uDATE f'ILED:. dl4i~ . . . 1£·~-------~~•> . . . ,t :tr ,..........,., Plaintiff, 18-Cv-4426 (SHS) V. ORDER SHARON HAKMON ., Defendant. SIDNEY H. STEIN, U.S. District Judge. The Court has received defendant's December 6, 2019 letter motion (ECF No. 54) requesting leave to depose six individuals or entities, including plaintiff Varon, based on amendments to plaintiff's complaint. (ECF No. 53.) Plaintiff's counsel objects solely to the requested deposition of Varon. (ECF No. 55.) IT IS HEREBY ORDERED that: 1. Defendant's motion for leave to conduct depositions of (1) Structural 2. 3. 4. 5. 6. ' Engineering Technologies, P.C.; (2) N&S Soil and Concrete Testing or Nari Motwani; (3) AA Inspections & Building Services Inc. or Parbhunath Indardeo; (4) M.A.R. Design Services or Maqsood Ahmed Faruqi; and (5) Richard Ramkeesoon is granted. Due to the concerns reflected by the Court on the record on November 22, 2019, defendant's motion for leave to re-depose plaintiff Varon is denied. See Fed. R. Civ. P. 26(c) ("The court may, for good cause issue an order to protect a party .. . from annoyance, embarrassment, oppression or undue burden or expense."). If defendant intends to conduct those five depositions, he shall issue subpoenas to the deponents on or before January 31, 2020. The last day to take depositions shall be March 17, 2020. Defendant is granted leave to retain a "geotechnical engineering expert who can inspect and report on the soil conditions." (ECF No. 54 at 2.) That report shall be served on defendant on or before March 17, 2020. Plaintiff may depose defendant's "geotechnical engineering expert" on or before April 7, 2020. There will be a pretrial conference in Courtroom 23A, 500 Pearl Street, New York, NY 10007 on March 19, 2020 at 11:00 a.m. ,. Dated: New York, New York January 21, 2020 SO ORDERED: Sid 2 H. Stein, U.S.D.J.

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