Opinion
1:21-cv-06752-PKC
10-07-2022
STEVEN A. CUCULICH, as Trustee of Inter Vivos Tr II FBO The Cuculich Family, Plaintiff, v. JOHN Z. RIGOS, Defendant.
DECLARATION OF EDWARD G. BAILEY ON BEHALF OF NONPARTY WITNESS ROCCO DISPIRITO
EDWARD G. BAILEY, J.
EDWARD G. BAILEY hereby declares pursuant to 28 U.S.C. § 1746, that the foregoing is true and correct:
1. I am a member of Bailey Law, P.C., the newly-retained attorneys for nonparty witness Rocco DiSpirito in the above-captioned action and respectfully submit this Declaration on Mr. DiSpirito's behalf pursuant to the Court's Order to Show Cause, dated September 26, 2022 (Doc. No. 52).
2. In short, I have attempted to resolve the Letter Motion by offering up Mr. DiSpirito for deposition on dates certain (October 19 and November 7) (see email chains annexed hereto); I have not heard back as of yet, necessitating this filing.
3. Further, as the annexed email chains make clear, I am at a loss to understand how the subject Subpoena was simply ignored by the prior counsel to whom the Letter Motion was directed. Clearly, there was confusion and miscommunication. Mr. DiSpirito has at all times been ready, willing, and able to sit for this deposition; he only wanted to be advised and counseled. In view of the foregoing, therefore, no harm should be visited upon Mr. DiSpirito and the matter should simply be set down for the deposition pursuant to the subject Subpoena.
Attorney Edward G. Bailey's declaration at ECF No. 55 resolves the Court's September 26, 2022 Order to Show Cause, and moots Plaintiff's lettermotion (ECF No. 46) to compel non-party Rocco DiSpirito's appearance for a deposition. By November 14, 2022, Plaintiff shall file a letter regarding the status of Mr. Dispirito's deposition.
Plaintiff is directed to promptly serve a copy of this Order on Mr. Bailey, and to file proof of service on the docket.
The Clerk of Court is respectfully directed to close ECF No. 46.
SO ORDERED.
DATE 10/11/2022
SARAH I CAVE UNITED STATES MAGISTRATE JUDGE