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OS RECOVERY, INC. v. ONE GROUPE INTERNATIONAL

United States District Court, S.D. New York


April 21, 2005.

OS RECOVERY, INC., et al., Plaintiffs,
v.
ONE GROUPE INTERNATIONAL, INC., et al., Defendants.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

Defendant Latvian Economic Commercial Bank ("Lateko") moves for leave to take additional depositions of Doe plaintiffs — specifically, that it be allowed to depose any plaintiff seeking at least $10,000 in damages and five other plaintiffs of its choice, all of this in addition to such additional depositions as may be permitted by paragraph 10 of the stipulation and order of November 5, 2004. Plaintiffs resist on the grounds that individual proof of reliance and damages is unnecessary and that these additional depositions would be too costly.

Plaintiffs' position is ill conceived. Regardless of whether plaintiffs in theory could adduce generalized evidence giving rise to a presumption of reliance and damages applicable to all of the plaintiffs and thus get to the jury, defendants would have the right to seek to rebut any such presumption. They are entitled to reasonable discovery to prepare their defense.

  Accordingly, Lateko's motion for leave to depose additional Doe plaintiffs is granted. Depositions of plaintiffs who reside east of the Mississippi River shall be conducted in New York City. Depositions of plaintiffs who reside west of the Mississippi River shall be conducted in major cities agreed upon by counsel or, in default of agreement, fixed by the Court.

  SO ORDERED.

20050421

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