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Roberto Medrano and Alberto Landa v. Genco Supply Chain Solutions Aka Genco

February 16, 2012

ROBERTO MEDRANO AND ALBERTO LANDA, PLAINTIFFS,
v.
GENCO SUPPLY CHAIN SOLUTIONS AKA GENCO DISTRIBUTION SYSTEMS AND GENCO, INC., DEFENDANTS.



The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER GRANTING IN PART, DENYING IN PART DEFENDANT'S MOTION TO COMPEL (Docket No. 57)

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO QUASH (Docket Nos. 55, 56)

ORDER DENYING PLAINTIFF LANDA'S SUPPLEMENTAL MOTION TO QUASH (Docket No. 58)

On January 9 and 10, 2012, Plaintiffs Roberto Medrano ("Medrano") and Alberto Landa ("Landa") filed a motion to quash employment record subpoenas and an amended motion to quash employment record subpoenas, respectively. (Docs. 55, 56.) On January 11, 2012, Defendant Genco Supply Chain Solutions ("Genco") filed a motion to compel the depositions of both Plaintiffs. (Doc. 57.) On January 30, 2012, Landa filed a supplemental motion to quash. (Doc. 58.) The motions were all noticed for hearing on February 15, 2012.

The matters were heard on February 15, 2012. Dean Gordon, Esq., and Larry Shapazian, Esq., personally appeared on behalf of Plaintiffs; Michael Burns, Esq., appeared telephonically on behalf of Genco. The parties presented argument on the record, the matters were submitted for decision, and the motions were ruled upon in open court and on the record.

For all the reasons set forth on the record in open court, which shall not be reiterated in this order, IT IS HEREBY ORDERED that:

1. Genco's Motion to Compel Plaintiffs' Depositions is GRANTED IN PART and DENIED IN PART, as follows:

a. The motion to compel the deposition of Plaintiff Landa is DENIED AS MOOT because the deposition was completed on February 13, 2012;

b. The motion to compel the deposition of Plaintiff Medrano on February 27, 2012, is GRANTED; and

c. Genco's request for its reasonable attorney's fees incurred in filing the motion to compel as a sanction against Plaintiffs is held in abeyance until the deposition of Plaintiff Medrano is completed on February 27, 2012;

2. Genco's request for additional time to conduct further deposition of Plaintiff Landa was agreed to by all counsel, and a further deposition consisting of not more than four (4) hours of on-the-record-time as to Plaintiff Landa is GRANTED;

3. Genco's request for additional time to conduct a further deposition of Plaintiff Medrano is premature and is DENIED as such;

4. A further telephonic conference is SET for February 29, 2012, at 9:00 a.m., to discuss Genco's request for additional time to depose Plaintiff Medrano; if the parties agree to additional time to depose Plaintiff Medrano or no additional time is needed, the parties may file a ...


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