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Shelton v. Yolari

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


July 13, 2009

SHAWN SHELTON, PLAINTIFF,
v.
TURK HAVA YOLARI A.O., DEFENDANT.

The opinion of the court was delivered by: Roanne L. Mann, United States Magistrate Judge

MEMORANDUM AND ORDER

Currently pending before this Court is a request by defendant Turkish Airlines ("THY") for a premotion conference in connection with THY's anticipated motion to dismiss for lack of subject matter jurisdiction; the premotion conference would either be in lieu of or in combination with the settlement conference scheduled for July 31, 2009. See Letter to the Court from Bartholomew J. Banino, Counsel for Defendant (July 13, 2009) ("Def. Letter'). Plaintiff also requests that the deposition of Mr. Cenzig Turksoy, a THY employee currently stationed in Manchester, England, be postponed until after the settlement conference. See id. at 5.

With respect to the Turksoy deposition, which plaintiff noticed for July 29, 2009, defense counsel neglects to state whether he has sought and obtained the consent of plaintiff's counsel to his defer the deposition until after the settlement conference. Therefore, THY's request to adjourn the Turksoy deposition is denied without prejudice.*fn1

With respect to THY's request for a premotion conference, the Court will conduct the premotion conference at the same time as the settlement conference. Plaintiff shall, by July 20, 2009, file a letter-brief responding to THY's jurisdictional arguments.

SO ORDERED.

ROANNE L. MANN UNITED STATES MAGISTRATE JUDGE


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