Opinion
21 CV 9618 (PAE)
12-21-2022
Fitzpatrick and Caputo, v. Boston Market Corp.,
JOSEPH & KIRSCHENBAUM LLP Attorneys at Law Charles Joseph, D. Maimon Kirschenbaum, Denise Schulman, Josef Nussbaum, Lucas Buzzard
JOSEPH & KIRSCHENBAUM LLP Attorneys at Law Charles Joseph, D. Maimon Kirschenbaum, Denise Schulman, Josef Nussbaum, Lucas Buzzard
Honorable Paul A. Engelmayer
United States District Court
Southern District of New York
40 Foley Square
New York, NY 10007
PAUL A. ENGELMAYER, United States District Judge
Dear Judge Engelmayer:
We represent Plaintiffs in the above-referenced matter. We write to respectfully request that the Court So Order the attached subpoena we intend to serve on an investigative officer with the New York State Department of Labor (NYSDOL”). As Defendant recently informed the Court (see Dkt No. 53), the NYSDOL will only comply with a “subpoena order by a New York State or federal judge” (see https://dol.ny.gov/service-process). As such, we have prepared a subpoena (attached as “Exhibit A”), by way of which we seek the testimony of an NYSDOL employee who submitted a declaration to Defendant in this lawsuit. We respectfully request that the Court “So Order” the subpoena to enable us to secure this individual's compliance.
We thank the Court for its attention to this matter.
Respectfully submitted, Granted. The Court will so order the subpoena and docket it separately.
JOSEPH & KIRSCHENBAUM LLP,Josef Nussbaum
SO ORDERED.