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Defazio v. Wallis

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


September 6, 2006

VICTOR J. DEFAZIO, JACK FINKELSTEIN, JAMES COLLINS AND HENRY GEBHARD, PLAINTIFFS,
v.
KEVIN WALLIS, ET AL., DEFENDANTS.

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

ORDER

Before the court is court is the plaintiffs' letter application dated September 1, 2006, seeking leave to conduct non-party depositions in advance of the Rule 26(f) conference. The defendants, Kevin Wallis & Ryan Greenberg, oppose the application by letter dated September 5, 2006. For the reasons set forth below, the application is denied.

Fed. R. Civ. P. 26(d) provides that except when authorized by order, "a party may not seek discovery from any source before the parties have conferred as required by Rule 26(f)." The plaintiffs have not provided the court with a adequate reason why the court should issue an order departing from that rule. However, the parties shall meet and confer, as soon as practicable, but in any event before September 29, 2006. The pendency of the defendant's appeal of this court's order regarding its motion to disqualify plaintiffs' counsel does not absolve the defendants from their discovery obligations. The initial conference will be scheduled by the court shortly.

SO ORDERED:

ARLENE R. LINDSAY United States Magistrate Judge

20060906

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