Liaison Counsel

10/31/18 - Due to the recent inordinate number of requests for emergency depositions of in extremis plaintiffs, please be reminded that the CMO mandates that all depositions require at least 20 days notice. No deposition can be noticed in a case that is not clustered and where answers to interrogatories and authorizations have not been served. Scheduling liaison does not have authority to approve depositions that do not comply with the provisions of the CMO. All applications for depositions that do not comply with the provisions of the CMO must be made to the Special Master with a copy to scheduling liaison and all named defendants.

As you know Section XI , subsection B of the CMO dated June 20, 2017 provides that" all depositions of parties and witnesses shall be held in New York City unless otherwise ordered by the Special Master" (emphasis added). Plaintiff counsel who wish to depose a witness or party outside of a 50 mile radius of New York County must provide medical certification as to why the witness or party is unable to travel, unless plaintiff is diagnosed with mesothelioma in which case proof of diagnosis is sufficient. Certification is required for co-worker depositions as well as plaintiff depositions.

Pursuant to Section XI , subsection C of the CMO dated June 20, 2017 "Except for good cause shown to the Special Master no more than 6 depositions shall be scheduled for a single day". In order to comply with the Court's order regarding the number of depositions on any given day, any party wishing to schedule a deposition must specify to scheduling liaison the number of days they wish to reserve for each deposition. Continuations will be included within the maximum number of depositions that can be scheduled in a single day.

All procedures outlined above shall be in effect for all depositions scheduled to occur after July 20, 2017. Scheduling liaison continues to be Marshall Dennehey Warner Coleman & Goggin. Contact Danielle DiMauro: DMDimauro@mdwcg.com