Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

30(b><6)d;}seeS3teeev-00644-cFD Document 137-3 Filed 11/15/2005 Page 1 $@36 1 OB
Peter Nolin
From: Mario DiNataIe- Silver Golub & Teitell [[email protected]]
Sent: Thursday, October 20, 2005 12:57 PM
To: Peter Nolin; William Tong
Cc: James Hawkins; Stephanie l\/lcLaughlin; Sarah Nielsen - Silver Golub & Teitell
Subject: RE: 30(b)(6) Deposition
Let me echo what Peter says. Obviously, any accommodation for Jim on 10/25 for
the reasons stated is fine. But I agree with Peter about 10/27. Putting aside for a
moment Peter's 30(b)(6), you'll recall that I have my own 30(b)(6) for which
Daskalakis has been designated as the defendants‘ representative, and I have also
noticed him individually. As my inquiry centers in part on defendants' discovery to
date, and given what I perceive to be defendants' shortcomings with respect to
document production, I will not consent to postponing October 27 absent more
compelling reasons than those presented. At the very least, there's no reason why
we can’t proceed with the matters on which Daskalakis was supposed to testify
pursuant to my notices.
If a second day is required, at present my only availability the following week is
Tuesday, November 1.
Finally, you are absolutely correct that November 18 is no good for me, and the
other dates don't work as well. l will not consent, under any circumstances, to
postponing this deposition to dates where defendants have known, for several
months, that I am unavailable because of trial commitments.
——--- Original Message ———-—
From: Peter Nolin [mailto:[email protected]]
Sent: Thursday, October 20, 2005 12:06 PM
To: 'WiIliam Tong'; Mario DiNatale- Silver Golub &Teitell
Cc: 'James Hawkins'; Stephanie McLaughlin
Subject: RE: 30(b)(6) Deposition
lf J im needs an accommodation on the 25th I will of`course oblige, so we can begin
on the 27th or we can also proceed on October 3 lst through November 4th. This is
the second time the deposition has been noticed and the dates were agreed upon by
you after consultation with AIG and with full knowledge of the scope ofthe topics.
No one raised any issue about AIG needing more time when we agreed to the last
postponement. This is really getting outrageous. We postpone duly noticed
depositions in good faith based upon an agreed upon plan to reconvene and then you
postpone at the last minute based on some new objection. I cannot consent to what
you wish to make into a 3 to 6 week delay to get AIG on the record on its
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30(b)(6)&$9$j©3·CV-00644-CFD Document 137-3 Filed 11/15/2005 Page 2 5)fa§c 2 OB
counterclaims and get ofticial answers on the t`acts surrounding our claims,
especially when all the AIG personnel on the scene disclaim knowledge or invoke
privilege. This is about the 6th time such a last minute postponement request has
happened with one of your witnesses. Please confirm you will attend on the 27th or
the following week or we will back to motions.
Regards,
Peter M. Nolin
SANDAK HENNESSEY & GRECO LLP
707 SUMMER STREET
3RD FLOOR
STAMFORD, CT O69()l—lO26
203-425-4200
203-252-2688 (Direct Dial)
203-325-8608 (Fax)
203-856—6l35 (Cell)
[email protected] (oftice)
[email protected] (home)
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From: William Tong [maiIto:[email protected]]
Sent: Thursday, October 20, 2005 11:00 AM
T0: Peter Nolin; Mario DiNata|e- Silver Golub &Teite|l
Cc: James Hawkins
Subject: 30(b)(6) Deposition
Peter, Mario:
Unfortunately, we need to reschedule the 30(b)(6) deposition of AIGTS scheduled for next week on
October 25th and 27th. Jim has has to attend to some medical issues and needs to see doctors again next
Tuesday the 25th. Further, while our client is working diligently to prepare for the 30(b)(6) depositions, the
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listed topics of examination are very extensive. Specifically, there are sixty-six (66) topics for examination
detailed in the Ryan Plaintiffs 30(b)(6) notice (not including the Gwynn PIaintiffs' 30(b)(6) notice regarding
document collection), and the witness simply needs more time to review and analyze this information in
order to provide meaningful testimony consistent with Rule 30(b)(6).
We recognize that November is a difficult month for scheduling. The witness is available on November 18
and 28, as well as December 1, 2, 8, and 9. We understand the November 18 may not be good for l\/lario,
but I included that date just in case.
Please let us know if any of these dates work for you. Thank you for your consideration.
William
11/ 14/2005