#Motion to compel deposition sample trial#

On April 28, Defendants served notices of deposition directed to each of the The Scheduling Order, which was based upon the parties' Joint Agreed Scheduling Report With Agreed Proposed Dates for Amended Scheduling Order, requires Plaintiffs to file their class certification motion on or before November 15, 2008.

#Motion to compel deposition sample trial#

On April 25, 2008, the Court entered an Amended Order Setting Trial and Pretrial Plaintiffs' counsel did not offer an alternative schedule but promised to do so.

Caverly indicated Defendants would consider taking some depositions outside of Miami if the depositions could be in major cities and in blocks of time. MacIvor also stated that it would be burdensome for many of her clients to travel to Miami for their depositions. MacIvor stated that each of her clients required her to personallyĭefend their respective depositions and, thus, no deposition could be scheduled during periods of Ms. In response to Defendants' inquiry regarding whether other lawyers from her office could defend the depositions so that they could proceed without delay, Ms. Plaintiffs' counsel finally conferred with Defendants' counsel, Kristen CaverlyĪnd Philip Sechler, on Wednesday, April 23, 2008, at which time Plaintiffs' counsel stated that she was unavailable for various periods between then and July, so the depositions could not begin as promptly as Defendants wanted them to begin. Caverly's April 16 email confirming her availability for a telephone conference at Ms. Otherwise respond to Defendants' April 16 letter, and also failed to acknowledge Ms. MacIvor failed to schedule the conference call or

Caverly, dated July 20, 2008, at ¶ 3, attached as Exhibit B.) 5. MacIvor was unavailable, but that a conference call would be set on her return to the office Monday, April 21, to discuss the deposition schedule proposed in Defendants' April 16 letter.

The following day, on April 17, 2008, a paralegal with Ms. Regarding location, order and dates,' indicating that Defendants 'are open to considering any reasonable means to complete these in the short time available but we need to move quickly in order to have the depositions completed by July 31' so as to 'be ready to respond to your anticipated class certification motion.' (Id.) 4. Caverly invited Plaintiffs' counsel to offer 'some other proposal Plaintiffs' counsel, Catherine MacIvor, proposing dates, order and times of depositions of each of the 33 named plaintiffs in this action on successive days in Miami, Florida, beginning the week of May 12, 2008. Albertsons LLC PETCO Animal Supplies Stores, Inc. Menu Foods Income Fund Publix Supermarkets, Inc. Defendants moving here are: Mars, Incorporated Mars Petcare US, Inc. This Motion is made on behalf of all Defendants, with the exception of Defendant Kroger Co. On behalf of all Defendants with respect to coordination of Plaintiffs' depositions, sent a letter to On April 16, 2008, counsel for Natura Pet Products Inc., Kristen Caverly, acting In its ApOrder on Motion to Dismiss, this Court ordered that 'lassĪnd merits discovery shall commence.' 2. _/ DEFENDANTS' MOTION TO COMPEL THE DEPOSITIONS OF PLAINTIFFS AND INCORPORATED MEMORANDUM OF LAW Defendants1 hereby move pursuant to Rules 30 and 37 of the Federal Rules of Civil Procedure to compel the depositions of all Plaintiffs named in this action on the dates, at the locations and under the terms identified in Exhibit A hereto, and state: FACTUAL AND PROCEDURAL BACKGROUND 1. 07-21221-CIV-ALTONAGA/BROWN RENEE BLASZKOWSKI, et al., individually and on behalf of others similarly situated, Plaintiffs, vs. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO.