Ostenfeld v. The Laundress, LLC et al

Filing 225

MEMORANDUM OPINION AND ORDER re: (211 in 1:22-cv-10667-JMF) FIRST LETTER MOTION for Discovery /Protective Order addressed to Judge Jesse M. Furman from Vladimir Tsirkin dated February 27, 2025. filed by Olga Macha, Lauris Macs, (216 in 1:22-cv-10667-JMF) LETTER MOTION for Local Rule 37.2 Conference Re: Protective order to exclude Plaintiffs Macha and Macs from attending the deposition of Plaintiff A.S., addressed to Judge Jesse M. Furman from Ronald Y. Rothstein dated F ebruary 27, 2025. filed by The Laundress, LLC. Substantially for the reasons stated in Defendant's opposition letter, see ECF No. 222, Plaintiffs' requests to limit the deposition to one hour and to questions about A.S.'s "cur rent condition" are DENIED. That being said, given A.S.'s age and condition, Defendant is admonished to proceed as counsel has promised to do "cautiously and sensitively." Graham v. City of New York, No. 08-CV-3518 (KAM) (RML ), 2010 WL 3034618, at *5 (E.D.N.Y. Aug. 3, 2010); see ECF No. 220, at 3. Meanwhile, Defendant's request to exclude Macha and Macs from attending the deposition are DENIED. Defendant's concerns about undue influence are not unfounded, but the Court concludes that, on the present record, there is no solid basis to exclude Macs and Macha, parties to this litigation, from the deposition, especially insofar as the deponent is their minor daughter. That said, to minimize the possibility of undue influence or disruption, the Court ORDERS that Macha and Macs shall be seated outside of A.S.'s direct line of vision ideally behind her and shall not communicate with A.S. in any manner, except during breaks in the deposition. If Macha and/or Macs do not comply with these restrictions, or if there is any issue during the deposition, the Court can and will revisit the request to exclude them from the deposition. To that end, and because the Court will be unavailable on Marc h 10, 2025, the date of the deposition, the Court will, by separate Order, refer this matter to Magistrate Judge Robert W. Lehrburger to adjudicate any disputes that may arise during the deposition. If a dispute arises during the deposition, couns el should call Magistrate Judge Lehrburger's Chambers at [phone] with all parties on the line. Failure to abide by this Order may also result in sanctions. The Clerk of Court is directed to terminate ECF Nos. 211, 216. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/5/25) Filed In Associated Cases: 1:22-cv-10667-JMF, 1:24-cv-02108-JMF (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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IN RE LAUNDRESS MARKETING AND PRODUCT :
LIABILITY LITIGATION,
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This Document Relates To:
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Macha v. The Laundress, LLC, No. 24-CV-2108 (JMF) :
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22-CV-10667 (JMF)
MEMORANDUM OPINION
AND ORDER

JESSE M. FURMAN, United States District Judge:
The parties have filed cross motions seeking protective orders with respect to
Defendant’s upcoming deposition of Plaintiff A.S., the fourteen-year-old daughter of Plaintiffs
Olga Macha and Lauris Macs. See ECF Nos. 211, 216. Substantially for the reasons stated in
Defendant’s opposition letter, see ECF No. 222, Plaintiffs’ requests to limit the deposition to one
hour and to questions about A.S.’s “current condition” are DENIED. That being said, given
A.S.’s age and condition, Defendant is admonished to proceed — as counsel has promised to do
— “cautiously and sensitively.” Graham v. City of New York, No. 08-CV-3518 (KAM) (RML),
2010 WL 3034618, at *5 (E.D.N.Y. Aug. 3, 2010); see ECF No. 220, at 3.
Meanwhile, Defendant’s request to exclude Macha and Macs from attending the
deposition are DENIED. Defendant’s concerns about undue influence are not unfounded, but the
Court concludes that, on the present record, there is no solid basis to exclude Macs and Macha,
parties to this litigation, from the deposition, especially insofar as the deponent is their minor
daughter. That said, to minimize the possibility of undue influence or disruption, the Court
ORDERS that Macha and Macs shall be seated outside of A.S.’s direct line of vision — ideally
behind her — and shall not communicate with A.S. in any manner, except during breaks in the
deposition. If Macha and/or Macs do not comply with these restrictions, or if there is any issue
during the deposition, the Court can and will revisit the request to exclude them from the
deposition. To that end, and because the Court will be unavailable on March 10, 2025, the date
of the deposition, the Court will, by separate Order, refer this matter to Magistrate Judge Robert
W. Lehrburger to adjudicate any disputes that may arise during the deposition. If a dispute arises
during the deposition, counsel should call Magistrate Judge Lehrburger’s Chambers at (212)
805-0248 with all parties on the line. Failure to abide by this Order may also result in sanctions.
The Clerk of Court is directed to terminate ECF Nos. 211, 216.
SO ORDERED.
Dated: March 5, 2025
New York, New York

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JESSE M. FURMAN
United States District Judge