United States District Court, S.D. New York
April 21, 2005.
OS RECOVERY, INC., et al., Plaintiffs,
ONE GROUPE INTERNATIONAL, INC., et al., Defendants.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
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.
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