Kevin, If she is moved by your email I recommend we speak to her by telephone to coordinate an acceptable time for everyone. I liked the tone of your email. From: Kevin Duff [mailto:kduff@rddlaw.net] Theresa, We have provided a significant and reasonable amount of notice of the deposition. Mr. Carver’s evidence deposition was not previously concluded. There has been additional discovery with respect to him since he was initially deposed. It is unreasonable for you to take the position that because you took an evidence deposition of him approximately 18 months before the close of discovery and 21 months before trial that we are foreclosed, for example, from completing his evidence deposition or examining him on areas where we did not previously have an opportunity to ask him questions. We are willing to attempt to reschedule this deposition to March 10 or 11, provided we are able to obtain confirmation that everyone is available that date. To this end, please let me know which of those dates you are available. If one of these dates is not mutually agreeable, or if we are not able to confirm that the witness is available one of those dates, then we will keep the current date and time as provided in our notice and subpoena. Kevin From: THERESA JOHNSON [mailto:theresavjohnson@prodigy.net] Kevin, Sincerely,
From: Kevin Duff <kduff@rddlaw.net> Theresa, I am writing to confirm the Carver deposition on February 17 at noon EST. Please advise. Kevin P.S. I don’t have Peter Bustamante’s email address. Could you please provide it? From: John Murray [mailto:jmurray@rddlaw.net] Theresa: Attached please find a Notice of Deposition for the Continuation of Larry Carver’s evidence deposition, as well as a copy of the subpoena and rider that was served upon Mr. Carver on January 30, 2011. Please see attached. Thanks. Regards, John E. Murray, Esq. Associate Attorney Rachlis Durham Duff & Adler, LLC 542 South Dearborn Street, Suite 900 Chicago, IL 60605 Office: (312) 733-3950 Direct: (312) 275-0338 Mobile: (810) 824-7197 Fax: (312) 733-3952 Email: jmurray@rddlaw.net Firm website: www.rddlaw.net 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. |