Herrera v. Domino's Pizza LLC ( 2021 )

CHRISTOPHER KENDRIC | Principal LAW GROUP P.C. (516) 732-4774 DIRECT DIAL CHRISTOPHER. □□□□□□□□□□□□□□□□□□□□□□ February 11, 2021 ELECTRONICALLY The Chambers of the Honorable John P. Cronan, U.S.D,J. United States District Court United States District Courthouse 500 Pearl Street. New York, New York IG007 Re: Fabio Americo Herrera v. Domino’s Pizza LLC and David J. Shields Case No. 18 Civ, 2996 (JEC)(RWL) Our File: 4267,.0H0 Dear Judge Cronan: Please recall that this office represents Defendants, Domino’s Pizza LLC and David J. Shields, in the referenced action, I write with the knowledge and consent of Plaintiff's counsel Albert Kim. Sustained efforts over many weeks to secure the voluntary appearance of Plaintiff's last remaining expert Robert Haar, M.D. for a non-party deposition have been unsuccessful. A Subpoena Ad Testificandum was previously served on December 4, 2020 whereupon we were advised that the doctor would not be available until the second week of January. Since that time, communication with the doctor’s office to reschedule and advance the issue has been difficult. The parties therefore now request that Your Honor “So Orcler” the attached Subpoena, made returnable for February 25, 2021. I have copied Dr, Haar’s office manager on this letter. The parties are mindful of the fact that the cut-off date for expert discovery is currently February 22, 2021. For the moment, we will hold off on requesting another extension as I would like for that to be our final such request. ank you for your kind consideration. Redpectfully yours, -_ Christopher Kendric 126 MAIN STREET, #279, COLD SPRING HARBOR, NEW YORK 1724 ee eee ee on en nnn nnn on nee ee EES to issue a subpoena. Fed. R. Civ. P. 45(a)(3). A subpoena signed by Defendants’ counsel “is a mandate of the court sufficient to require compliance.” Anderson v. City of New York, No. 06 Civ. 5363 (KAM) (VVP), 2009 WL 3731973, at *1 (E.D.N.Y. Nov. 6, 2009). Thus, because a court order is not required to issue a subpoena under Rule 45, Defendants’ request that the Court "So Order" the subpoena is DENIED. Enclosure If Dr. Haar fails to comply with the subpoena, Defendants may move to compel discovery under Federal Rule of Civil Procedure 37(a) and request that the Court issue an order to show cause why the Dr. Haar should not ce: (electronically) ea Bon for failing to comply with the subpoena. See Fed. R. ECF Clerk ENE) Clerk of the Court United States District Courthouse SO ORDERED. 500 Pearl Street New York, New York 10007 Date: February 11, 2021 Vf... New York, New York Albert Kim, Esq. JOHN P. CRONAN William Schwitzer & Associates, P.C. United States District Judge 820 Second Avenue, 10th Floor New York, New York 10017 Rasheeda Sanchez Practice Manager/Surgical Coordinator Haar Orthopedics & Sports Medicine, P.C. 1735 York Avenue, Suite #PL New York, New York 10128