Despite Amazon's repeated pleas, Plaintiffs refused to provide alternative deposition dates before the fact discovery deadline, and failed to appear for their scheduled depositions on December 20 and December 22. Copies of the parties' multiple email exchanges are attached hereto as Exhibit D. Not take place this month," and that they would not appear for the depositions scheduled for December 20 and December 22. Plaintiffs refused, and informed Amazon's counsel that the depositions "will Since the fact discovery deadline in this case is January 3, 2011, and the dispositive motion deadline is Janu, Amazon's counsel made repeated requests for Plaintiffs to provide any alternative dates in December to conduct their depositions. Copies of Plaintiffs' December 4th reply emails are attached hereto as Exhibit C. Later that day, Plaintiffs each sent a reply email to Amazon's counsel, indicating that they were not available for deposition on December 20 or December 22, and that they would not be available until January 5-7, 2011, at the earliest. A copy of the Decememail is attached hereto as Exhibit B. ![]() On the same day, Amazon's counsel informed Plaintiffs via email that Amazon would be amenable to moving the depositions to any earlier date in December, subject to the Plaintiffs' availability. Copies of the DecemDeposition Notices are attached hereto as Exhibit A. ![]() On December 4, 2010, Amazon served each of the Plaintiffs with a Notice of Deposition, scheduling their depositions to occur on December 20 and December 22, 2010. Plaintiffs Should be Compelled to Appear for Deposition Respectfully requests the Court to compel the Plaintiffs to appear for their depositions on a date and time certain, compel the Plaintiffs to provide contact information for (or strike) the witnesses on their witness list, and to extend the fact discovery and dispositive motion deadlines by fortyfive days. Plaintiffs also refuse to provide contact information for the non-party witnesses on their witness list. Plaintiffs here failed entirely to appear for their duly noticed depositions, and now refuse to reschedule those depositions before the fact-discovery deadline. 14, 2006) (granting motion to compel deposition dates and extending fact discovery deadline). The broad discretion given to the court includes the management of pretrial activities such as discovery and scheduling. In support, Amazon states as follows: MEMORANDUM OF LAW District Courts have broad discretion in managing their cases. ("Amazon") respectfully moves the Court to: (a) compel Plaintiffs to appear for their depositions on a date and time certain (b) compel Plaintiffs to provide contact information for the witnesses on their witness list or, alternatively, strike the witnesses from their witness list and (c) extend the fact discovery and dispositive motion deadlines by forty-five days. ![]() _/ DEFENDANT AMAZON.COM, INC.'S MOTION TO COMPEL PLAINTIFFS TO APPEAR FOR DEPOSITION, MOTION TO COMPEL PLAINTIFFS TO PROVIDE CONTACT INFORMATION FOR THE WITNESSES ON THEIR WITNESS LIST, AND MOTION TO EXTEND THE FACT DISCOVERY AND DISPOSITIVE MOTION DEADLINES, AND INCORPORATED MEMORANDUM OF LAW Pursuant to Federal Rule of Civil Procedure 37 and Local Rules 7.1 and 26.1, Defendant, Inc. 18-COOKE/BANDSTRA ALBERT SEGAL, and MARIANNA CHAPAROVA, Plaintiffs, - vs. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO.
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