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NOVA PRODUCTS, INC. v. KISMA VIDEO

United States District Court, S.D. New York


November 22, 2004.

NOVA PRODUCTS, INC., Plaintiff,
v.
KISMA VIDEO, INC., et al., Defendants.

The opinion of the court was delivered by: RONALD ELLIS, Magistrate Judge

MEMORANDUM OPINION & ORDER

After reviewing the parties' submissions, the Court finds that both plaintiff's counsel, Jules D. Zalon, and defendants' counsel, Gary N. Horowitz, bear a measure of responsibility for Horowitz's "wasted trip" to Los Angeles in late September 2004. The party cancelling a deposition must initially be responsible for notifying all participants. It matters not whether the reason for the cancellation is credible or warranted. On the other hand, it seems reasonable to recognize that last minute problems may occur. Horowitz admits as much by stating that he checked his messages at 1:00 a.m. on the day that he was to depart for Los Angeles. On balance, the Court finds that an appropriate allocation is 60% to Zalon and 40% to Horowitz. The Court does not find that payment of attorney's fees is warranted in this case.

As to plaintiff's interrogatories, it appears that the interrogatories in question were timely filed and never responded to. Defendants offer no acceptable justification, but merely allege that plaintiff must be aware of the substance of the responses because of presently pending motions before Judge Baer. This is an inadequate and inappropriate response. IT IS HEREBY ORDERED THAT:

  1) Zalon reimburse Horowitz for 60% of his documented expenses, a copy of which shall be submitted to the Court; and

  2) Defendants respond to plaintiff's contention interrogatories and fourth set of interrogatories within ten (10) days of this order.

  SO ORDERED.

20041122

© 1992-2004 VersusLaw Inc.



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