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15-6559 - Cook v. City of New York et al


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15-6559 - Cook v. City of New York et al
May 24, 2018
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ORDER REQUIRING CERISSA WRIGHT TO APPEAR FOR DEPOSITION, granting 74. In light of her repeated failures to appear for her deposition in this matter, plaintiff's 74 motion is granted and defendant CERISSA WRIGHT is ORDERED to appear for her deposition on June 4, 2018 at 10:00 a.m. at the Office of Ryan Lozar, Esq., 305 Broadway, 14th Floor, New York, NY 10007 and to have with her the documents listed in the 5/22/2018 Notice of Deposition, ECF No. 74-3. If CERISSA WRIGHT fails to appear as Ordered, the Court will impose sanctions, including monetary sanctions, and may recommend that her pleadings be stricken and that default judgment be entered against her. See, e.g., Fed. R. Civ. P. 37(d)(1)(A)(i), (d)(3). Moreover, failure to attend may result in an Order requiring her to appear before this Court to show cause why she should not be held in contempt for disobeying the Court's Orders. See Fed. R. Civ. P. 37(b)(2)(A)(vii). Should Ms. Wright fail to appear as Ordered on June 4, 2018, plaintiff may seek sanctions immediately. If, however, Ms. Wright does appear as Ordered, the Court will decide whether to permit plaintiff's proposed motion after discussing the matter with the parties at the next status conference, currently scheduled for 6/21/2018 at 9:00 a.m. Counsel for defendant Cerissa Wright is DIRECTED to serve a copy of this Order on Ms. Wright by e-mail and by Certified Mail, Return Receipt Requested. Ms. Wright's counsel shall also communicate the substance of this Order to Ms. Wright by telephone. Ms. Wright's counsel shall file a certificate attesting to such service within seven (7) days. So Ordered by Magistrate Judge Cheryl L. Pollak on 5/24/2018. Ordered by Magistrate Judge Cheryl L. Pollak on 5/24/2018. (Blase, Brendan)