GateGuard, Inc. v. Goldmont Realty Corp. et al.

Filing 78

ORDER: Defendant has failed to respond to the application made by plaintiff in Docket # 75 by the deadline provided in paragraph 2.A of this Court's Individual Practices. Accordingly, the Court deems plaintiff's application unopposed. I n addition, the Court finds the application meritorious inasmuch as it reflects numerous improper objections, statements and instructions not to answer by Shira Goldman Moyal during the deposition. Accordingly, the application for relief is grante d. Defendants are directed to make defendant Abi Goldenberg available for an additional period of deposition of up to 3 hours. Plaintiff is also awarded its attorney's fees and expenses incurred in making the application pursuant to Fed. R. Ci v. P. 30(d)(2) and Fed. R. Civ. P. 37(a)(5)(A). With respect to Docket #77, defendants' attorneys are directed to contact plaintiff's counsel immediately to arrange a time to confer. In addition, they shall file any response to this letter (Docket # 77) on or before November 18, 2021. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/17/2021) (cf) Modified on 11/17/2021 (cf).

Case 1:20-cv-01609-AJN-GWG Document 78 Filed 11/17/21 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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GATEGUARD, INC.,
:
Plaintiff,
-v.-

:

ORDER

:
20 Civ. 1609 (AJN) (GWG)

ABI GOLDENBERG et al.,

:

Defendant.
:
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GABRIEL W. GORENSTEIN, UNITED STATES MAGISTRATE JUDGE
Defendant has failed to respond to the application made by plaintiff in Docket # 75 by the
deadline provided in paragraph 2.A of this Court’s Individual Practices. Accordingly, the Court
deems plaintiff’s application unopposed. In addition, the Court finds the application meritorious
inasmuch as it reflects numerous improper objections, statements and instructions not to answer
by Shira Goldman Moyal during the deposition. Accordingly, the application for relief is
granted. Defendants are directed to make defendant Abi Goldenberg available for an additional
period of deposition of up to 3 hours. Plaintiff is also awarded its attorney’s fees and expenses
incurred in making the application pursuant to Fed. R. Civ. P. 30(d)(2) and Fed. R. Civ. P.
37(a)(5)(A). Plaintiff should first attempt to determine if defendant will agree on the amount. If
no agreement is reached, plaintiff may present the application by letter attaching any summary of
contemporaneous time records. Any opposition will be due two business days thereafter.
With respect to Docket #77, defendants’ attorneys are directed to contact plaintiff’s
counsel immediately to arrange a time to confer. In addition, they shall file any response to this
letter on or before November 18, 2021.
SO ORDERED.
Dated: November 17, 2021
New York, New York