Heffernan v. Shein Distribution Corp.

Filing 83

ORDER: Following a conference with the parties today in conjunction with the conference held in Alison Lou LLC v. Shein Distribution Corp., No. 23-cv-01268, with respect to the parties' dispute regarding the consolidated deposition of Defendants ' Rule 30(b)(6) designee, Tim Wei, in this action, as well as in the Alison Lou case and Bishop v. Shein Distribution Corp., No. 23-cv-01277(see 11/9/23 Joint Ltr, ECF No. 79), it is hereby ORDERED, as follows: as set forth herein. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/15/2023) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
11/15/2023
Lucia Heffernan,
Plaintiff,
-against-

1:23-cv-01271 (JGK) (SDA)
ORDER

Shein Distribution Corp. et al.,
Defendants.
STEWART D. AARON, United States Magistrate Judge:
Following a conference with the parties today in conjunction with the conference held in
Alison Lou LLC v. Shein Distribution Corp., No. 23-cv-01268, with respect to the parties’ dispute
regarding the consolidated deposition of Defendants’ Rule 30(b)(6) designee, Tim Wei, in this
action, as well as in the Alison Lou case and Bishop v. Shein Distribution Corp., No. 23-cv-01277
(see 11/9/23 Joint Ltr, ECF No. 79), it is hereby ORDERED, as follows:
1. Testimony of Defendants’ representative Mr. Wei shall be consolidated and deemed
noticed in each of this case and the Alison Lou and Bishop cases.
2. As previously directed (see 11/2/23 Order, ECF No. 75, ¶ 2), Mr. Wei’s deposition shall
proceed via Zoom or other remote means agreed to by the parties.
3. Plaintiff shall be afforded a total time of 14 hours to take testimony on all topics as
to all entities noticed pursuant to Fed. R. Civ. P. 30(b)(6). The parties shall meet and
confer with respect to the deposition topics. If agreement cannot be reached
regarding such topics, then they shall submit a joint letter to the Court no later than
November 20, 2023, setting forth their respective positions.

4. Mr. Wei’s deposition shall be scheduled to occur in two or more sessions, at times
mutually agreeable to the witness and counsel, between the hours of 6 a.m. and 10
a.m. and 7 p.m. and 11 p.m., New York time, on December 6 and 7, 2023, and between
6 a.m. and 10 a.m., New York time, on December 8, 2023, or at such other times as
counsel shall agree.
5. If Defendants have not substantially completed production of documents in each of
this case and the Alison Lou and Bishop cases by November 29, 2023, then Plaintiff
may seek to adjourn the deposition of Mr. Wei, unless Defendant has made
acceptable arrangements for any additional testimony from Mr. Wei regarding laterproduced documents.
SO ORDERED.
Dated:

New York, New York
November 15, 2023
______________________________
STEWART D. AARON
United States Magistrate Judge

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