Perritt et al v. The Cupcakery, et al

Filing 46

Joint MOTION to Conduct the Deposition of Pamela Jenkins On April 12, 2011 by Buster Baking, Ricky B Perritt, The Cupcakery, The Woodlands Baking, LLC. (Attachments: # 1 Text of Proposed Order)(Siebman, Clyde)

Perritt et al v. The Cupcakery, et al

Doc. 46

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS SHERMAN DIVISION RICKY B. PERRITT, Individually; THE CUPCAKERY, LLC, a Texas Limited Liability Company; BUSTER BAKING, LLC, a Texas Limited Liability Company; THE WOODLANDS BAKING, LLC, a Texas Limited Liability Company; CUSTOM VERSION CORPORATION, a Texas Corporation Plaintiffs, v. PAMELA F. JENKINS, Individually; and THE CUPCAKERY LLC, a Nevada Limited Liability Company Defendants. § § § § § § § § § § § § § § § § § §

Civil Action No. 4:11-CV-23

JOINT MOTION TO CONDUCT THE DEPOSITION OF PAMELA JENKINS ON APRIL 12, 2011 Plaintiffs, Rickey B. Perritt, The Cupcakery, LLC, a Texas Limited Liability Company, Buster Baking, LLC, The Woodlands Baking, LLC, and Custom Version Corporation and Defendants Pamela Jenkins and The Cupcakery, LLC, a Nevada Limited Liability Company (collectively the "Parties") jointly move the Court for leave to conduct Pamela Jenkins' deposition on April 12, 2011 in Las Vegas, Nevada. On or about March 11, 2011 the Court ordered that the deadline for Plaintiffs to respond to Defendants' Motion to Transfer Venue is hereby extended through and until fourteen (14) days after Plaintiffs receive the transcript of Pamela Jenkins' deposition. (Docket No. 41). In the same Order the Court ordered that Pamela Jenkins shall present for a deposition within thirty (30) days from the signing of the Order, to be held in Las Vegas, and that the deposition be

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Dockets.Justia.com

limited to venue facts and not exceed two (2) hours in length. (Docket No. 41). The first date the Parties and their counsel are mutually available to conduct Ms. Jenkins' deposition in Las Vegas, Nevada is April 12, 2011, which is 32 days from the signing of the Order; therefore, the Parties jointly move the Court for leave to conduct Ms. Jenkins' deposition on April 12, 2011. WHEREFORE, PREMISES CONSIDERED, the Parties jointly move the Court to grant them leave to conduct the deposition of Pamela Jenkins on April 12, 2011 in Las Vegas, Nevada and for such other and further relief as to which they may show themselves justly entitled. Respectfully submitted this 22nd day of March, 2011, BY: /s/ Clyde M. Siebman CLYDE M. SIEBMAN State Bar No. 18341600 BRYAN H. BURG State Bar No. 03374500 STEPHANIE R. BARNES State Bar No. 24045696 SIEBMAN, BURG, PHILLIPS & SMITH, LLP Federal Courthouse Square 300 North Travis Street Sherman, Texas 75090 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] ATTORNEYS FOR PLAINTIFFS -ANDBY: with permission /s/ Jodie A. Slater Jodie A. Slater Texas State Bar No. 24046862 STRONG & NOLAN, LLP 1701 N. Market Street, Suite 200 Dallas, Texas 75202 [phone] (telephone) [phone] (telecopy) [e-mail] ATTORNEYS FOR DEFENDANTS 2

CERTIFICATE OF SERVICE The undersigned certifies that on this 22nd day of March, 2011, all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document through the Court's CM/ECF system under Local Rule CV-5(a)(3). Any other counsel of record will be served by a facsimile transmission and/or first class mail.

SIEBMAN, BURG, PHILLIPS & SMITH, LLP /s/ Clyde M. Siebman

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