Free Motion to Compel - District Court of Delaware - Delaware

Case 1 :04-cv-00163-GIVIS Document 128 Filed 03/27/2006 Page 1 of 2
Stradley Ronon Stevens S1 Young, LLP
Great Valley Corporate Center
30 Valley Stream Parkway
N Q N Malvern, PA 19355-1481
§ --— - reiephm (610) 640-5800
Arroiznrys AT LAW FaX(61O)64O'1965
www.stradley.com
March 27 2006
V VIA ELECTRONIC FILING
The Honorable Gregory M. Sleet
J. Caleb Boggs Federal Building
844 North King Street
Room 4324, Lockbox 19
Wilmington, DE 19801
RE: Donald M Durkin Contracting, Inc. v. City of Newark, et al.
U.S.D.C. Del., Civil Action N0. 04-0163-GMS
Dear Judge Sleet:
In accordance with Paragraph 3(a) of the Court’s September 23, 2004 Scheduling
Order, I respectfully submit the following Agenda item regarding the unresolved discovery issue
to be heard at the Court’s earliest possible convenience.
AGENDA
Federal would like to address the following item with the Court:
• The City of Newark, contrary to prior agreements, is unilaterally
refusing to make Carol Houck available for the remainder of her
_ scheduled deposition, except for two hours on March 28.
Federal served a Notice of Deposition Pursuant To FED R. CIV. P. 30(b)(6)
Directed To The City Of Newark (the "City") on January 18, 2006. The 30(b)(6) deposition was
initially scheduled but later postponed with no alternative date set. Ms. Houck and Carl Luft, the
City Manager, were originally scheduled for depositions on March 22-23 and 28 and 30,
regardless of order. The City decided to postpone Mr. Luft’s deposition without reason, and the
parties, in lieu of having the issue resolved by the Court, agreed to have Ms. Houck’s deposition
over the same four-day period, with Mr. Luft to be rescheduled for another date.
Ms. Houck’s deposition — in her individual capacity — commenced on March 22.
During the second day of Ms. Houck’s deposition, counsel for the City announced that Ms.
Philadelphia, PA • Malvern, PA • Harrisburg, PA • Wilmington, DE • Cherry Hill, N] • Washington, DC

Case 1 :04-cv—00163-GIVIS Document 128 Filed 03/27/2006 Page 2 of 2
The Honorable Gregory M. Sleet
March 27, 2006
Page 2
Houck was actually testifying in her representative capacity as well. Her deposition adjourned at
3:00 p.m. on March 23.
The City, however, is now unilaterally refusing to produce Ms. Houck, in her dual
capacities, for the remainder of the agreed-upon period and only making her available for Mo
hours on March 28. In addition to contravening Rule 30(d)(2), the City’s actions deprive Federal
of its right to depose Ms. Houck pursuant to its 30(b)(6) notice. Indeed, Federal has not yet had
the opportunity to ask Ms. Houck any questions. Federal thus requests that the Court compel the
City to make Ms. Houck available in her dual capacities for deposition on March 28 and 30.
Federal will continue its good faith efforts to resolve the above issue prior to the
conference.
Respectfully submitted,
STRADLEY, RONON, STEVENS
Patrick R. Kingsley
David M. Burkholder
cc: Paul Cottrell, Esquire
James S. Green, Esquire
Paul A. Logan, Esquire
(all via electronicjiling)

Case 1:04-cv-00163-GMS

Document 128

Filed 03/27/2006

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Case 1:04-cv-00163-GMS

Document 128

Filed 03/27/2006

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