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FYI – see below. From: Kevin Duff
[mailto:kduff@rddlaw.net] Mr. Carver, I respond below to the numbered paragraphs
in your email: (1) Mr. Cynowa’s counsel already
attempted to prevent us from taking your deposition by filing a motion to quash
which was heard and ruled on by the Court last week. Among the reasons
put forward by Mr. Cynowa’s counsel was that your deposition was already
taken. Not only did the Court deny their motion but the Court made clear
that we have the right to take your deposition. (2) As I told you previously both last week
and this morning, we are willing to attempt to work with you to find a date for
your deposition that works for everyone, including accommodating your schedule
to the extent it fits within the limitations of our schedule. We are
neither obligated nor willing to pay you an hourly fee for your deposition
time. We previously tendered you a check for your witness fee and
mileage. (3) I did not tell you that we wish to take
your testimony for six to seven hours. Rather, I told you that we planned
to start at noon and that I did not expect we would need the entire afternoon
to complete your deposition. However, while we plan to limit the length
of your evidence deposition to a reasonable length, I note that the applicable
rules do not put a time limit on the length of your evidence deposition.
As to the topics that we may cover, we are not obliged to give you a
preview. In addition, the Court expressly stated at last week’s
hearing that we have the right to impeach you. (4) As I stated to you on the phone, we are
not obliged to provide you with a preview of the questions we intend to ask
you, nor are we obliged to share with you in advance the documents that we may
show you at your deposition. Finally, as to the dates that you
reference, they are both too far in the future and too close to our trial date
in this case. You have known about our intention to take your deposition
since the end of January, so offering us dates more than two months after you
first received notice is not reasonable. As I have mentioned previously,
we are available March 10 or 11. If we cannot agree on a date with you
then we will select one. Kevin From: Larry hotmail
account [mailto: Mr. Duff, As I told you over
the phone, I will be happy to cooperate to give a deposition, but I have
several concerns you should address: (1) My only involvement
in this case is that I witnessed the events before during and after Chris
Cynowa’s termination. My testimony is the same as I gave in my
deposition in 2009. Nothing has changed. I have nothing to
add. Please tell me why you need to re-take my deposition. (2) I told you
that giving a deposition will unnecessarily take me away from my work. I
wish to be compensated for my time off from work. I believe that $100 per
hour is reasonable. You immediately stated that you would not compensate
me for my time. Please consult with your clients and see if they are
agreeable to this request. (3) You told me
that you wish to take my testimony for six to seven hours. This does not
seem right. I do not understand why you need so much of my time, for a matter
than can be covered in 20 minutes. In my 2009 deposition, your office
attempted to go into my private social life and my private business life.
I will not allow this. I will not allow your clients to go on a witch
hunt by asking about my civil lawsuits, tax issues, my love life or my business
dealings. Let us agree to a reasonable amount of time for my testimony
and that none of these topics will be revisited again. (4) If, as I
suspect, your clients have conducted an investigation of me, I think it is only
fair for you to provide me with all documents you intend to show me at my
deposition. Please let me know if you have such documents and send me
copies at least one week before my deposition. Finally, if you
can agree to the terms above, I am not available until the end of
March, but I do have some time on March 30, at 4:00 p.m., March 31st
at 3:00 p.m., and April 1st at 3:00 p.m. Best Regards Larry Carver 703-597-2117 From: Kevin Duff
[mailto:kduff@rddlaw.net] Mr. Carver, This confirms that your deposition will
not be going forward this Thursday, February 17, 2011. As I mentioned on
the telephone this afternoon, we would prefer to find a mutually agreeable date
to reschedule your deposition. March 10 and March 11 are dates that work
for us. I understand from our conversation that you are away from home until
Monday and did not bring your calendar with you. I will follow up with
you on Monday. In the meantime, if you can confirm that you are available
either March 10 or 11, please do so by responding to this email. Kevin Kevin B. Duff Rachlis Durham Duff & Adler, LLC phone: 312-733-3390 fax: 312-733-3952 |