UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK ........................................................................ X 

DONIINIK DIFRISCO AND SUSAN DIFRISCO, 

Plaintiffs, 07 Civ. 353 l(CM) (DF) 

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DEBRA FREEMAN, United States Magistrate Judge: .,_. ._....,- , 

The Court having held a telephone conference on March 25,2008 with counsel for all 

parties for the purpose of addressing certain discovery issues; and the Court having held a 

follow-up telephone conference with counsel on March 3 1, 2008; it is hereby ORDERED, for 

the reasons stated in those conferences, that: 

1. Defendant is directed to supplement its responses to Plaintiffs' interrogatories 

Nos. 51,52, 54 and 55 (as contained in Plaintiffs' "Rule 26 Disclosure Demand," dated Nov. 7, 

2007) by providing responsive information from the computer database that has now been 

represented by Defendant to contain information regarding complaints or other claims made by 

guests who suffered accidents in guest-room bathrooms in Marriott hotels in North America. 

2. With respect to the 18 "full-service" hotels managed by Defendant in the 

Caribbean and Latin America Region (as referred to in paragraph 5 of the Affidavit of 

Jay Galindo, sworn to Feb. 28,2008), Defendant is directed to produce any reports maintained 

by those hotels, for the years 2004-2006, regarding accidents suffered by hotel guests in guestroom bathrooms. 

Case 1:07-cv-03531-CM-DCF Document 12 Filed 04/01/2008 Page 1 of 3
3. Plaintiffs' counsel is directed to produce to Defendant's counsel the 

measurements made during the parties' inspection of the Paris hotel guest room at issue in this 

case. 

4. Plaintiffs may proceed with the deposition of Brad Wood, but Plaintiffs' request 

that this deposition be required to take place in New York is denied. See Louis Vuitton 

Malletier v. Dooney & Bourke, Inc., No. 04 Civ. 5316 (RMB) (MHD), 2006 U.S. Dist. LEXIS 

87096, at "52 (S.D.N.Y. Nov. 30,2006) ("The ordinary rule is that the deposition of corporate 

employees is to be conducted where they work, particularly when the corporation is a 

defendant." (citation omitted)); see also Schindler Elevator Corp. v. Otis Elevator Co., No. 06 

Civ. 5377 (CM)(THK), 2007 U.S. Dist. LEXIS 44200, at "26 (S.D.N.Y. June 18,2007) ("[Tlhe 

decision as to the location of the deposition lies within the discretion of the Court." (citation 

omitted)). 

5. Defendant is directed to produce to Plaintiffs a sample of the floor tiles that were 

installed in the bathroom in which plaintiff Dominik DiFrisco was allegedly injured, or, if the 

Paris hotel where the accident occurred has not retained any samples of such tiles, then 

Defendant is directed to make appropriate inquiries and to use its best efforts to inform 

Plaintiffs' counsel of the manufacturer and/or supplier of those floor tiles, so that Plaintiffs may 

obtain a sample independently. 

6. Pursuant to the agreement of the parties, Defendant may conduct the deposition of 

non-party witness Aimee Yohann on April 7, at 5:00 p.m., with the deposition not to proceed 

past 6:00 p.m. 

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7. Except for the outstanding discovery specifically described above, which shall be 

completed no later than April 1 1, 2008, discovery in this case is closed. 

Dated: New York, New York 

April 1, 2008 

SO ORDERED 

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DEBRA FREEMAIU 

United States Magistrate Judge 

Copies to: 

Hon. Colleen McMahon, U.S.D.J. 

Stephen B. Toner, Esq. 

Russo, Keane & Toner LLP 

26 Broadway 

28th Floor 

New York, NY 10004 

Paul A. Fino, Jr., Esq. 

Daniel MacLaren Stewart, Esq. 

White Fleischner & Fino, LLP 

61 Broadway 

New York. NY 10006 

Case 1:07-cv-03531-CM-DCF Document 12 Filed 04/01/2008 Page 3 of 3