Haytham,
I spoke with Larry Carver this
morning. He said that he feels he already answered all the questions he
needs to answer at his earlier deposition. He is not willing to cooperate
with us to get his deposition scheduled unless we tell him in advance both (i)
what we plan to ask him in the deposition and (ii) provide him with copies of
the documents that we plan to ask him about during the deposition. I told him
that we are not obliged to preview either our questions or the documents we are
going to show him. He said that, if we are not willing to work with him
in this manner, then we will need to get a court order to compel him to appear
for his deposition. I told him that if we are forced to get a court order
compelling him to appear for his deposition, then we will seek costs as well.
He said he will send me an email later
today regarding the foregoing.
As a result, you should get him served without
delay with a subpoena issued by a Virginia
court that can be enforced if he fails to show. Let us know what you need
from the Illinois court in order to get the Virginia court to issue
the subpoena.
Kevin
Kevin B. Duff
Rachlis Durham Duff & Adler, LLC
542 South Dearborn Street, Suite 900
Chicago, Illinois 60605
phone: 312-733-3390
fax: 312-733-3952
mobile: 312-218-8620
RACHLIS DURHAM
DUFF & ADLER, LLC E-MAIL CONFIDENTIALITY NOTICE
This transmission may be: (1) subject to
the Attorney-Client Privilege, (2) an attorney work product, or (3) strictly
confidential. If you are not the intended recipient of this message, you may
not disclose, print, copy or disseminate this information. If you have
received this in error, please reply and notify the sender (only) and delete
the message. Unauthorized interception of this e-mail is a violation of federal
criminal law.