Herbst v. International Telephone & Telegraph Corp.

RULING ON MOTION TO COMPEL ORAL DEPOSITIONS

BLUMENFELD, District Judge.

Creating yet another pretrial wrangle in this dispute, the plaintiffs’ counsel, Sidney Silverman, treated ITT’s notices of the depositions of Marvin A. Chirelstein and Martin J. Whitman “as though they were never received.” Silverman’s position was and is that Chirelstein and Whitman are experts whom the plaintiffs expect to testify at trial and that as such the defendant may not require their depositions except by obtaining an order of this court. Fed.R.Civ.P. 26(b) (4)(A) (ii). Counsel for the defendant accordingly filed…