Bulgari v. Bulgari

Filing 58

ORDER denying as moot 56 Letter Motion to Stay re: 56 LETTER MOTION to Stay Deposition Scheduled for 11/18/22, addressed to Magistrate Judge Robert W. Lehrburger from Michael M. Rosensaft dated 11/17/22. As per the telephone conference held on November 17, 2022, the application for protective order is denied as moot. SO ORDERED.. (Signed by Magistrate Judge Robert W. Lehrburger on 11/17/2022) (kv)

Case 1:22-cv-05072-LGS-RWL Document 58 Filed 11/17/22 Page 1 of 2

50 Rockefeller Plaza
New York, NY 10020-1605
+1.212.940.8800 tel
katten.com..

MICHAEL M. ROSENSAFT
[e-mail]
+1.212.940.6631 direct
+1.212.940.8776 fax

November 17, 2022
VIA ECF
Hon. Robert W. Lehrburger
United States District Court
Southern District of New York
500 Pearl Street, Rm. 1960
New York, NY 10007
Re:

11/17/2022

Matter of Bulgari v. Bulgari, No. 1:22-cv-05072-LGS-RWL

Dear Judge Lehrburger:
We are counsel for defendant, Veronica Bulgari, in the action referenced above. I am sorry
to impose on Your Honor with this letter but the parties have reached an impasse on a matter that,
I regret to say, requires the Court’s attention today if that is at all possible.
On Tuesday of this week at 4:04 PM, the plaintiff sent us, by email, a notice of deposition
of a third party witness. The notice set the deposition for tomorrow, Friday, at 10 AM, in Fort
Lauderdale, Florida. Plaintiff had made no effort to discuss the date or place of the deposition
with us in advance. We simply had no warning that we would be given about 66 hours notice of
a deposition set to occur 1500 miles away.
We have asked plaintiff to delay the examination to any other day but plaintiff has refused,
insisting that because the witness was hard to serve, the deposition could not be rescheduled. But
that has no bearing on why plaintiff set the deposition for tomorrow when counsel are set to appear
before Your Honor at the precise time that the deposition is apparently going to occur.
We have no objection to the deposition of the witness in question, over whom we have no
control and do not know how to reach. But we request that the Court issue a protective order
staying the deposition as currently scheduled for tomorrow and requiring plaintiff to work
cooperatively to reschedule it for another, mutually agreeable date and time.

KATTEN MUCHIN ROSENMAN LLP
CENTURY CITY
NEW YORK

CHARLOTTE
ORANGE COUNTY

CHICAGO

DALLAS

SHANGHAI

LOS ANGELES

WASHINGTON, DC

A limited liability partnership including professional corporations
LONDON: KATTEN MUCHIN ROSENMAN UK LLP

Case 1:22-cv-05072-LGS-RWL Document 58 Filed 11/17/22 Page 2 of 2

November 17, 2022
Page 2

Respectfully Submitted,
/s/ Michael M. Rosensaft
Michael M. Rosensaft
Jake A. Nussbaum
KATTEN MUCHIN ROSENMAN LLP
50 Rockefeller Plaza
New York, NY 10020
T: 212-940-8800
[e-mail]
[e-mail]
/s/ Mitchell A. Karlan
Mitchell A. Karlan
Jennifer K. Bracht
GIBSON, DUNN & CRUTCHER LLP
200 Park Avenue
New York, NY 10166
T: 212-351-3827
[e-mail]
Attorneys for Defendant Veronica Bulgari

As per the telephone conference held on November 17, 2022, the
application for protective order is denied as moot.

11/17/2022