United States District Court, S.D. New York
November 22, 2004.
NOVA PRODUCTS, INC., Plaintiff,
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
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
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