Kamdem-Ouaffo v. Balchem Corporation et al

Filing 194

ORDER FOR DEFENDANTS TO TAKE THE REMOTE DEPOSITION BY VIDEO EXAMINATION OF PLAINTIFF RICKY KAMDEN-OUAFFO ON OCTOBER 13, 2020: IT IS HEREBY ORDERED that Defendants Balchem Corporation ("Balchem"), Gideon Oenga, Renee McComb, Theodore Ha rris, John Kuehner, Travis Larsen and Michael Sestrick (hereinafter referred to collectively as "Defendants"), will take the recorded deposition by stenographic and audiovisual remote means of Plaintiff Pro Se Ricky Kamdem-Ouaffo, by way of U.S. Legal Support, a person authorized by the laws of the State of New Jersey to administer oaths through U.S. Legal Support's Zoom virtual platform, on October 13, 2020 beginning at 10:00 a.m. As further set forth in this Order. IT IS FURTHER ORDERED that Plaintiff's failure to comply with this Order, including but not limited to, his failure to appear and/or participate in his scheduled deposition on October 13, 2020, shall result in sanctions, which may include the dismissal of this Action with prejudice. As further set forth in this Order. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 10/1/2020) (ks)

Case 7:17-cv-02810-PMH"PED

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

x
RICKY KAMDEM-OUAFFO,

r

Plaintiff Pro Se,
-against-

BALCHEM CORPORATION, GIDEON OENGA (In
Personal Capacity and/or in Capacity with Balchem
Corporation) BOB MINIGER (In Personal Capacity
and/or in Capacity with Balchem Corporation) RENEE
McCOMB (In Personal Capacity and/or in Capacity
with Balchem Corporation) THEODORE HARRIS,
CEO (In Personal Capacity and/or in Capacity with
Balchem Corporation) JOHN KUEHNER (In Personal
Capacity and/or In Capacity with Balchem Corporation)
TRAVIS LARSEN (In Personal Capacity and/or in
Capacity with Balchem Corporation) MICHAEL
SESTRICK (In Personal Capacity and/or in Capacity

Case No. H-cv-2810-PMH-PED

with Balchem Corporation),
Defendants.

x
ORDERFOR DEFENBANTS TO TAKE THE REMOTE DEPOSITION BY VIDEO
EXAMINATION OF PLAINTIFF RICKY KAMDEN-OUAFFO ON OCTOBER 13, 2020
IT IS HEREBY ORDERED that Defendants Balchem Corporation ("Balchem"), Gideon
Oenga, Renee McComb, Theodore Harris, John Kuehner, Travis Larsen and Michael Sestrick
(hereinafter referred to collectively as "Defendants"), will take the recorded deposition by
stenographic and audiovisual remote means of Plaintiff Pro Se Ricky Kamdem-Ouaffo, by way of
U.S. Legal Support, a person authorized by the laws of the State of New Jersey to administer oaths
through U.S. Legal Support's Zoom virtual platform, on October 13, 2020 beginning at 10:00 a.m.
The remote deposition will be taken for the purpose of discovery, for use at trial or for all other

Case7:17-cv"02810-PMH-PED Document 193 Filed 09/30/20 Page 2 of 3

purposes as are permitted under the Federal Rules of Civil Procedure and will continue as

prescribed by the Federal Rule of Civil Procedure until completed.

IT IS FURTHER ORDERED that Plaintiff is directed to bring to his deposition: (1)
all documents that he reviewed in preparing for his deposition; and (2) all documents that have not
been produced and that are responsive to Defendants' discovery requests, including any
supplements thereto.

IT IS FURTHER ORDERED that Plaintiff will ensure that his cellular device is
fully charged, and he has a charging mechanism available during the entirety of his deposition,

IT IS FURTHER ORDERED that Plaintiff will cooperate with Defendants,
Defendants' counsel, the court reporting agency, U.S. Legal Support, and any other necessary
individual or entity to ensure that Defendants can effectively take Plaintiffs deposition, including
but not limited to, providing any required information to U.S. Legal Support to facilitate the
deposition.

IT IS FURTPIER ORDERED that Plaintiff will participate in a testing session with
U.S. Legal Support to ensure that his cellular device is capable of operating U.S. Legal Support's
virtual platform. U.S. Legal Support will contact Plaintiff via email to schedule a date and time
for Plaintiff and U.S. Legal Support to conduct this session. Plaintiff is required to make himself
available for this session and meamngfully participate so that U.S. Legal Support can determine

whether Plaintiff can be deposed using his cellular device.
IT IS FURTHER ORDERED that Plaintiff will accept a calendar invitation with
login instructions from US. Legal Support, which will provide the required information and

instructions for Plaintiff to successfully login to the virtual platform for his deposition on October
13, 2020. U.S. Legal Support will send Plaintiff the calendar invitation at lease three (3) days in
advance of Plaintiffs deposition.

Case7:17-cv-02810-PMH-PED Document 193 Filed 09/30/20 Page 3 of 3

IT IS FURTHER ORDERED that Plaintiff will communicate with U.S. Legal
Support as necessary to ensure any technological issues with his cellular device are addressed in
advance of October 13, 2020.

IT IS FURTHER ORDERED that Defendants will transmit to Plaintiff by October
12, 2020, hard copies of the deposition exhibits in sealed envelopes for opening and use at the
deposition. Each exhibit will be placed in a sealed envelope marked on the outside with the bates

numbcr(s) and proposed exhibit number(s). In addition, Defendants shall email to Plaintiff each
deposition exhibit as a separate pdf document at least one (1) day prior to Plaintiffs deposition.
Each pdf shall be identified by bates number(s) and proposed marked exhibit number(s).
IT IS FURTHER ORDERED that Plaintiffs failure to comply with this Order,
including but not limited to, his failure to appear and/or participate in his scheduled deposition on
October 13, 2020, shall result in sanctions, which may include the dismissal of this Action with
prejudice.

SO ORDERED.
Dated: White Plains,^s[ew York

avison, U.S. Magistrate Judge