Kamdem-Ouaffo v. Balchem Corporation et al

Filing 173

ORDER granting 171 Motion to Compel; granting 171 Motion to Dismiss for Lack of Prosecution; granting 171 Motion for Sanctions. Defendants have filed a motion seeking assorted relief, including terminating sanctions. [Dkts. 171-72.J Pla intiffs opposition is due September 8, 2020. [Dkt. 166.] However, the Court GRANTS so much of the motion as seeks an Order compelling plaintiff to appear for a deposition by oral examination. See Rule 30(a)(1), Fed. R. Civ. P. ("A party may, b y oral questions, depose any person, including a party[.]") In view of the ongoing public health crisis, the Court directs that the deposition may be conducted by remote means in accordance with Rule 30(b)( 4). Plaintiff is directed to cooper ate with defense counsel in making suitable arrangements for his remote deposition, which is to occur before October 15, 2020. PLAINTIFF IS ADVISED THAT IT HE FAILS TO ATTEND AND COMPLETE HIS DEPOSITION, THE COURT MAY IMPOSE SANCTIONS PURSUANT TO R ULE 37(d)(1)(A)(I), WHICH MAY INCLUDE AN ORDER DISMISSING THIS ACTION. The Court reserves decision as to the balance of defendants' motion. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 9/1/2020) Copies Mailed By Chambers. (ks)

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Case 7:17-cv-02810-PMH-PED Document 173 Filed 09/01/20 Page 1 of 2

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
KAMDEM-OUAFFO,
Plaintiff,
- against

ORDER

17Civ.2810(KMK)(PED)

BALCHEM CORP., ET AL.,
Defendants.

PAUL E. DAVISON, U.S.M.J.:
Defendants have filed a motion seeking assorted relief, including lerminating sanctions.

[Dkts. 171 -72.J Plaintiffs opposition is due September 8, 2020. [Dkt 166.]
However, the Court GRANTS so much of the motion as seeks an Order compelling

plaintiff to appear for a deposition by oral examination. See Rule 30(a)(l), Fed, R. Civ. P. ("A
party may, by oral questions, depose any person, including a party[.]") In view of the ongoing
public health crisis, the Court directs that the deposition may be conducted by remote means in

accordance with Rule 30(b)(4). Plaintiff is directed to cooperate with defense counsel in making
suitable arrangements for his remote deposition, which is to occur before October 15, 2020.

PLAINTIFF IS ADVISED THAT IT HE FAILS TO ATTEND AND COMPLETE
HIS DEPOSITION, THE COURT MAY IMPOSE SANCTIONS PURSUANT TO RULE

37(d)(l)(A)(I), WHICH MAY INCLUDE AN ORDER DISMISSING THIS ACTION.
The Court reserves decision as to the balance of defendants' motion.

Dated; September 1, 2020
While Plains, New York

iLE^avison,U.S.MJ.

Case 7:17-cv-02810-PMH-PED Document 173 Filed 09/01/20 Page 2 of 2

Copy mailed to:
Ricky Kamdem-Ouaffo
301 Cozzens Court

RastBrunswick,NJ08816'

In an excess of caution. The docket reflects that plaintiff receives ECF notification.

[Dkt.8.1