STIPULATION AND [PROPOSED] ORDER RE: EMERGENCY MOTION RE: KASDON AND FAIRCHILD SUBPOENAS

PEGGY A. LEEN, Magistrate Judge.

Non-party AMBER FAIRCHILD and DONALD KASDON (collectively the "Deponents"), on the one hand, and Plaintiff ATLANTIC-PACIFIC PROCESSING SYSTEMS, INC. ("APPS"), on the other hand, by and through their respective counsel, hereby agree to the following recitals and submit the following Stipulation and Order in resolution of the Non-Party Amber Fairchild and Donald Kasdon's Emergency Motion to Quash Deposition Subpoenas (Dkt. No. 106) (the "Emergency Motion").

RECITALS

WHEREAS, on May 5, 2017, counsel for APPS issued Deposition Subpoenas for the Deponents to take place on June 27, 2017 and June 28, 2017 in Las Vegas, Nevada, where the deponents resided;

WHEREAS, on June 1, 2017, counsel for the Deponents, Michael Cristalli, contacted APPS's counsel requesting that the deposition dates be continued;

WHEREAS, on July 7, 2017, Michael Cristalli expressly agreed in open court to accept service of the Deposition Subpoenas on behalf of the Deponents (Dkt. No. 78);

WHEREAS, Mr. Cristalli requested that the depositions of the Deponents take place in October 2017 in Las Vegas to accommodate the Deponents' anticipated move to Florida in August;

WHEREAS, APPS agreed to postpone the depositions to October on the condition that the Deponents would agree to be deposed in Nevada;

WHEREAS, pursuant to his agreement to accept service, and after the parties "met and conferred" on the dates and location of the depositions, on August 17, 2017, Mr. Cristalli was served with Deposition Subpoenas for the Deponents' depositions to take place in Las Vegas on October 25th (Kasdon) and 26th (Fairchild), 2017;

WHEREAS, witness fees for the depositions were tendered on September 1, 2017;

WHEREAS, on October 10, 2017, Mr. Cristalli notified counsel for APPS of a family emergency necessitating the continuance of the October depositions;

WHEREAS, Mr. Cristalli agreed, on behalf of Mr. Kasdon, that all documents responsive to the document requests in his Subpoena would be produced in October 2017;

WHEREAS, Mr. Cristalli agreed to reimburse the costs associated with changing/cancelling airline flights related to the October depositions;

WHEREAS, when the parties could not immediately agree on the dates/locations of the continued Depositions, Mr. Cristalli filed the Emergency Motion;

WHEREAS, since the filing of the Emergency Motion, the parties have reached an agreement that the Deposition of Amber Fairchild will take place on January 10, 2018, beginning at 9:00 a.m., at First Choice Reporting — Miami, 44 West Flagler Street, Suite 300, Miami, FL 33130;

WHEREAS, since the filing of the Emergency Motion, the parties have reached an agreement that the Deposition of Donald Kasdon will take place on January 9, 2018, beginning at 9:00 a.m., at First Choice Reporting — Miami, 44 West Flagler Street, Suite 300, Miami, FL 33130; and

WHEREAS, since the filing of the Emergency Motion, Kory Kaplan has left the firm of Gentile, Cristalli, Miller, Armeni, Savaresse but continues to represent the Deponents through his new law firm of Larson, Zirzow & Kaplan and is authorized to accept service of the amended Deposition Subpoenas on behalf of the Deponents;

STIPULATION

IT IS THEREFORE STIPULATED AND AGREED by and between the parties hereto as follows:

1. The undersigned counsel for the Deponents, Kory Kaplan, has authority to, and will, accept service of amended Deposition Subpoenas on behalf of the Deponents;

2. The Deposition of Amber Fairchild will take place on January 10, 2018, beginning at 9:00 a.m., at First Choice Reporting — Miami, 44 West Flagler Street, Suite 300, Miami, FL 33130;

3. The Deposition of Donald Kasdon will take place on January 9, 2018, beginning at 9:00 a.m., at First Choice Reporting — Miami, 44 West Flagler Street, Suite 300, Miami, FL 33130;

4. The witness fees previously tendered to the Deponents on September 1, 2017 will satisfy the requirements of Fed. R. Civ. P. 45(b)(1);

5. Deponent Donald Kasdon will produce all documents responsive to his Deposition Subpoena which have not already been produced within 10 days; and

6. The deponents will reimburse APPS and its counsel for the costs incurred in connection with changing/cancelling the flights for the previously-scheduled October depositions in the amount of $203.02.

IT IS SO STIPULATED.

ORDER

Based on the foregoing Stipulation and good cause appearing, it is hereby ORDERED as follows:

1. Kory Kaplan shall accept service of amended Deposition Subpoenas on behalf of Deponents Donald Kasdon and Amber Fairchild;

2. The Deposition of Amber Fairchild shall take place on January 10, 2018, beginning at 9:00 a.m., at First Choice Reporting — Miami, 44 West Flagler Street, Suite 300, Miami, FL 33130;

3. The Deposition of Donald Kasdon shall take place on January 9, 2018, beginning at 9:00 a.m., at First Choice Reporting — Miami, 44 West Flagler Street, Suite 300, Miami, FL 33130;

4. The witness fees previously tendered to the Deponents on September 1, 2017 shall satisfy the requirements of Fed. R. Civ. P. 45(b)(1);

5. Deponent Donald Kasdon shall immediately produce all documents responsive to his Deposition Subpoena which have not been previously produced by him within 10 days; and

6. The Deponents shall reimburse APPS and its counsel for the costs incurred in connection with changing/cancelling the flights for the previously-scheduled October depositions in the amount of $203.02, payable within 10 days to the Julander, Brown & Bollard Client Trust Account.

IT IS SO ORDERED.

IT IS FURTHER ORDERED that the Emergency Motion to Quash Subpoenas (ECF No. 106) is DENIED as moot and the hearing on that motion, currently set for November 16, 2017 is VACATED.