UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
December 9, 2009
DORA E. GUTIERREZ-BONILLA, PLAINTIFF,
TARGET CORPORATION AND TARGET DEPARTMENT STORE, DEFENDANTS.
The opinion of the court was delivered by: A. Kathleen Tomlinson, Magistrate Judge
Before the Court is Plaintiff's Motion [DE 24] for (1) leave to take the deposition of Maria Rivera, an employee of Defendant Target, and (2) the imposition of sanctions upon Defendants for the alleged spoliation of surveillance footage. I have reviewed Plaintiff's motion [DE 24] and supplemental letter [DE 27], as well as Defendants' opposition [DE 26] to the motion.
With regard to Plaintiff's request for leave to depose Maria Rivera, having reviewed the arguments made by both parties, I am directing Defendants to make Ms. Rivera available for deposition between now and December 31, 2009 at the latest. Ms Rivera may be deposed for a maximum of three hours.
As to the request for spoliation sanctions, Plaintiff's application remains under consideration. The parties will be notified on ECF when a ruling on the issue has been rendered.
Dated: Central Islip, New York December 9, 2009
A. KATHLEEN TOMLINSON U.S. Magistrate Judge
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