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Lisa, Other than perhaps the fact that he
switched sides in this case, which they clearly know about, Darnella already
previewed the lines of inquiry that are the subject of the motion. However, an alternative path is to hold
off on the motion and attempt to get Carver to show up for the completion of
his deposition. I am comfortable with this approach if this is the
consensus. If he shows, we can decide after that whether to move forward
with a motion to compel him to answer the questions he refused to answer.
One potential downside with that approach is that the Court may be reluctant to
grant such a motion if it means he would need to appear for a third time to be
deposed. On the other hand, he might agree to show up and may answer our
questions without the need for the motion. If we pursue this path and he
refuses to appear for the completion of his deposition, then we can proceed
with the motion to compel. One issue that may come up is that Theresa
Johnson has made some noise in the past about there only being five minutes
left in the deposition. This comes from the misplaced notion that the
deposition was a discovery deposition, which is limited to three hours under There is another consideration as well,
which is that there is a possibility that Larry Carver may show up in person at
trial, despite having sat for an evidence deposition. This is difficult
to predict. My bet is that the plaintiff will want him there in person. I
also suspect that his ego and animus toward you will drive him to want to be
there in person. Also, to answer you last question, we
would plan to proceed with the deposition at Haytham’s office in Kevin From: Wolford Lisa
[mailto:lisa@csss.net] John, Haytham and Kevin - In this we show many of our cards related to Larry. Which
is sure to make him nervous but also give him time to think up other
lies. Is that necessary. Keeping the element of surprise on our
side will put him off his game when he is giving his deposition. I doubt
he will be willing to travel to Lisa N. Wolford CSSS.NET 402-393-8059w 402-393-1825f SDVOB, 8(a)/SDB & WOB - TS clearances From: John
Murray [mailto:jmurray@rddlaw.net] Lisa, Bill, and Haytham: Attached please find our Motion to Compel Larry Carver to
finish his deposition. Please review and let us know your comments.
Thanks. Regards, John E. Murray, Esq. Associate Attorney Rachlis Durham Duff & Adler, LLC Office: (312) 733-3950 Direct: (312) 275-0338 Fax: (312) 733-3952 Email: jmurray@rddlaw.net Firm website: www.rddlaw.net RACHLIS
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