EXHIBIT 1¶
BOI ES SCHI LLER & FLEXNER LLP¶
401 EAST LAS OLAS BOULEVARD • SUITE '200. FORT LAUDERDALE. FL 333C4 -22H • PH. 954.356.0011 • FAX 954.356.0022¶
Sigrid S. McCawley, Esq. E mail: smccawlev@bsfllo.com¶
September 13, 2016¶
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VIA FASCIMILE 1212-805-79251¶
Honorable Judge Robert W. Sweet District Court Judge United States District Court 500 Pearl Street New York, NY 10007¶
Re: v. Maxwell, Case No.: 15-cv-07433-RWS
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Dear Judge Sweet:¶
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Plaintiff, provides this Court with Notice of Non-Response to the Court's July 30.2016 Order. S ecificall on June 20, 2016, this Court authorized the sub enas to and to be served by alternative means. served subpoenas as directed by the Court and set the depositions of and for July 21, 2016 at the Saks Schiller & Flexner offices in New York City. Neither of the witnesses appeared for their depositions.¶
On July 25 2016, filed Plaintiffs Motion for a Finding of Civil Contempt Against Motion for a Finding of Civil Contempt Against For Ignoring Subpoena and For Associated Sanctions (310). In her motions, Plaintiff sou t the followin: relief in order to compel the depositions of Nadia Marcicinkova and that and be directed to appear for deposition (2) that and pay costs and reasonable attorney's fees associated with bringing the motion, and that (3) and be ordered to pay a civil penalty of $2500 per day for each day after which they fail to appear at the rescheduled deposition and any other sanction the court believes is just and proper. For Ignoring Subpoena and For Associated Sanctions (308) and Plaintiffs¶
On July 30, 2016 the Court issued the following order: "ORDER: Plaintiffs Motions for a Finding of Civil Contempt against and I shall be taken on submission returnable August 25, 2016. All papers shall be served in accordance with Local Civil Rule 6.1 and pursuant to this Court's previous orders. (Signed by Judge Robert W. Sweet on 7/30/2016) (cf)".¶
Honorable Judge Sweet
District Court Judge
September 13, 2016
Page 2¶
Neither [REDACTED] nor [REDACTED] filed any response to the Plaintiff's Motion on or before August 25, 2016.¶
In light of these facts, [REDACTED] provides notice to this Court that Plaintiff's Motion for a Finding of Civil Contempt as to [REDACTED] and [REDACTED] remain pending. As indicated in that motion, [REDACTED] would respectfully request that the Court Order that (1) that [REDACTED] and [REDACTED] be directed to appear for deposition (2) that [REDACTED] and [REDACTED] pay [REDACTED] costs and reasonable attorney's fees associated with bringing the motion, and that (3) [REDACTED] and [REDACTED] be ordered to pay a civil penalty of $250 per day for each day after which they fail to appear at the rescheduled deposition and any other sanction the court believes is just and proper.¶
[Handwritten signature]¶
[Handwritten number 2 00]¶
Sincerely,¶
[Handwritten signature]
Sigrid S. McCawley, Esq.¶
SSM
Enclosure¶
cc: Counsel of Record¶
So on lead
Sweet USDS
9-15-16¶