Case 1 :07-cv-03343-RMB Document 8 Filed 1112112007 Page 1 of 2 

Ogletitee 

Deakins 

OGLETREE, DEAKINS, NASH, 

SMOAK & STEWART, PC. 

Attorneys at Law 

10 Madison Avenue, Suite 402 

Morristown, NJ 07960 

Telephone: 973.656.1600 

Facsimile: 973.656.1611 

VIA -.- ELECTRONIC - CASE FILING 

Honorable Richard M. Berman, U.S.D.J. 

Daniel Patrick Moynihan 

United States Courthouse 

500 Pearl Street, Courtroom 14A 

1 New Yolk, ~ew York 10007 

Re: Angel Vargas, et al. v. Midtown Air Condition and Ventilation, Ltd. 

Case No. 1:07-cv-03343-RMB 

Dear Judge Berman: 

This firm represents Midtown Air Conditioning and Ventilation, Ltd., the Defendant in the 

referenced employlnent discrimination matter. We are writing to request the Court's assistance 

with a discovery issue that has surfaced recently. Plaintiffs have informed Defendant that 

Plaintiff Felix Bonilla has left the country without explanation and will not return for his 

deposition before the close of the discovery period. 

Defendants first issued a Notice for the Deposition Mr. Bonilla on July 16, 2007. The Notice 

requested that Bonilla attend his deposition early in September, 2007. Due to Plaintiffs' delay in 

providing written discovery responses, Defendant was required to adjourn Mr. Bonilla's 

deposition to a later date. On or about October 5, 2007, this Court granted an extension of the 

discovery period to December 10,2007, with the comment "Final Extension is Granted." 

On October 24, 2007, Defendant issued another Notice of deposition to Mr. Bonilla, this time 

requiring him to appear for his deposition on 1Vovenlber 21, 2007. On or about October 31, 

2007, ~hc parties agreed to move Mr. Bonilla's deposition to November 27,2007. 

We received a telephone call from Plaintiffs' counsel advising that Mr. Bonilla was not in the 

country and inquiring whether I was available on December 17, 2007, to take his deposition. I 

indicaletl that my calendar was open that day, and Plaiiltiffs' counsel told me that they would 

contact hfr, Bonilla to find out whether he could return in time to have his deposition taken on 

Decembcr 17, 2007. Thereafter, I was told that Mr. Bonilla would not return before December 

17, 2007. We have not been given any explanation for Mr. Bonilla's unavailability. 

Defendant will suffer extreme prejudice in its efforts to defend itself against Mr. Bonilla's claims 

if it is denied the opportunity to take Mr. Bonilla's deposition. Defendant has been diligent in its 

Atlanta Austin . Dirmiiii;i~rnr . Bloomfield liills . Charlcston - Cliarlotlc - Cliicago - Clcveiand . Colunrbiz Dallas - Greensboro. Greel~villc - Housron. indianapolis. Jackson. Kansas City 

Lor ~ngeles. Mcnnph~r bliarni . Morrislawn - Nsslrville. Philadclph~a . Phocnix -Piltsburgh. Raleigh - San Alitonio. St. Louis. St. Thomas Tampa. Torrance. Tucson. Washington 

A South Carolirin Profcjsionnl Corporation htark Di<~nn. NI Managing Shareholder 

Case 1:07-cv-03343-RMB Document 9 Filed 11/27/2007 Page 1 of 2
Case 1:07-cv-03343-RMB Document 8 Filed 11/21/2007 Page 2 of 2 

Honorable Richard M. Berman, U.S.D.J. 

November 2 1,2007 

Page 2 

attempts to take Mr. Bonilla's deposition, and it only learned last week that Mr. Bonilia was out 

of the country and unavailable for his deposition. Defendant also has been extremely flexible in 

coordinating the existing discovery schedule. 

In light of the above, Defendant respectfully requests that the Court order Mr. Bonilla to appear 

for his deposition on or before December 10, 2007,' and further, that if Mr. Bonilla fails to 

appear, his claims shall be dismissed from this lawsuit. 

Respectfully Submitted, 

OGLETREE, DEAKINS, NASH, 

Dolninick C. Capozzola 

cc: flonorable Henry B. Pitman, U.S.M.J. (via certified U.S. mail) 

Anlbrose Wotorson, Esq. (by facsimile) 

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Richard M. Berman, U.S D. J. - -- - 

Defendant is available to take Mr. Bonilla's deposition on November 29 or 30, or 

Deceillber G or 7,2007. The parties currently have the Deposition of Plaintiff Angel Vargas 

scheduled for December 10,2007. However, Defendants are willing to move his deposition to 

an earlier date if necessary to accoil~modate Mr. Bonilla. 

Case 1:07-cv-03343-RMB Document 9 Filed 11/27/2007 Page 2 of 2