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Beare v. Millington

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


April 1, 2010

JENNIFER BEARE, AS EXECUTRIX, AND RICHARD WRIGHT, AS ADMINISTRATOR, C.T.A., OF THE ESTATE OF LEATRICE HARRIS, PLAINTIFFS,
v.
ZSA ZSA MILLINGTON, DEFENDANT .
THIS ORDER CONCERNS SUBPOENAS SERVED ON:
EMMANUEL BAPTISTE, ELOISE HEADLEY, LIESA MILLINGTON AND MPHAHELE LUKMAN. DEPONENTS.

The opinion of the court was delivered by: Marilyn D. GO United States Magistrate Judge

ORDER

By order dated March 23, 2010, this Court scheduled a hearing on April 1, 2010 and directed EMMANUEL BAPTISTE, ELOISE HEADLEY, LIESA MILLINGTON and MPHAHELE LUKMAN (the "deponents" collectively and "deponent" individually) to show cause why this Court should not certify the deponents to be in contempt of an order of this Court directing compliance with a subpoena duces tecum. The deponents neither appeared nor submitted any opposition.

The deponents are given one final opportunity to comply with the subpoenas served on them. They must call plaintiffs' counsel, Richard Wright by April 14, 2010 to arrange for a date for a deposition that must be held by April 29, 2010 and must appear for that deposition as scheduled. If any deponents fail to comply, the Court will issue a certification of contempt as to the non-complying deponent.

Since the deponents were previously warned in the Court's order dated January 13, 2010 that they could be subject to sanctions, including monetary fines, if they failed to comply with the subpoenas served on them, they are each sanctioned $200, payable to plaintiffs' counsel, Richard Wright, by April 29, 2010 for fees incurred by plaintiffs in the preparation of the motion for contempt and appearance at the hearing.

A copy of this order will be mailed to each deponent.

SO ORDERED.

20100401

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