404-01.pdf

Case 9:08-cv-80119-KAM Document 404-1 Entered on FLSD Docket 11/12/2009 Page 1 of 1 From: Stuart Mermelstein [mailto:smermelstein@sexabuseattorney.com] Sent: Thursday, October 29, 2009 3: 12 PM To: Jessica Cadwell Cc: Adam Horowitz; Lisa Rivera Subject: RE: Jane Doe #4 Page 3 of4 Jessica: First, November 6 does not work. Both Adam and I have irreconcilable conflicts that date. Our legal assistant, Lisa, will email you with our available dates. As to the length of the remaining deposition, you apparently misunderstood our position. I spoke with Adam, and he did not propose that you be given 2 hours of deposition time in addition to the remaining time you would be entitled to under the 7 hour rule. After speaking with Adam, we have determined that there was 5 hours and 35 hours of elapsed deposition time on October 27, after deducting breaks taken during the course of the day. That leaves 1 hour 25 mins of remaining deposition time. In the interests of compromise and cooperative discovery, we are willing to produce Jane Doe No. 4 for her continued deposition for 2 hours 25 mins of deposition time, giving Defendant 8 hours total deposition time of Jane Doe 4. That is as far as we are willing to go, and would be subject to Bob's agreement not to use this compromise against us with respect to Jane Doe's pending motion for protective order on the 7 hour issue, which we intend to join. Stuart S. Mermelstein, Esq. Mermelstein & Horowitz, P.A. 18205 Biscayne Blvd. Suite 2218 Miami, FL 33160 phone: (305) 931-2200 fax: (305) 931-0877 From: Jessica Cadwell [mailto:JCadwell@bclclaw.com] Sent: Thursday, October 29, 2009 1:56 PM To: Adam Horowitz; Stuart Mermelstein Cc: Robert D. Critton Jr. Subject: Jane Doe #4 Adam and/or Stuart - While Bob does not agree that the depositions are limited to 7 hours, he believes that with all the breaks and lunch Tuesday, we still have about 1.5-2 hours left for Doe #4. With your proposed two additional hours, that totals 4. Bob would like to agree to 4 additional hours (2 that are leftover and your proposed 2 additional) on Doe #4. We would like to do this on Friday, November 6, 2009. Please let me know if this will work. Jessica- fe,Jica eadtuef't, ~ :7.Yl.'J' Certified Paralegal Florida Registered Paralegal BURMAN CRITTON LUTTIER & COLEMAN, LLP 303 Banyan Boulevard Suite#400 West Palm Beach, FL 33401 Tel: (561) 842-2820 / Fax: (561) 844-6929 11/12/2009