Loh Xiao Han v. Interexchange, Inc.

Background

The court had previously ordered the plaintiffs to attend depositions in person in New York. It recognized that the plaintiffs had chosen to litigate in that forum and that witness credibility and demeanor were important to the case. Plaintiffs’ counsel later reported that some plaintiffs were having difficulty traveling to the United States because of visa issues.

The court issued orders to assist with the visa process. Counsel reported that three of six plaintiffs had obtained visas and that Jhoam Felipe Toledo Villamizar and Lizetthe Natalia Torres Jaimes, both identified in the opinion as Colombian nationals, were having difficulty obtaining them. On March 27, 2025, the court ordered Felipe’s and Natalia’s depositions to proceed remotely, but held that order in abeyance while the defendants responded. Counsel later reported that Natalia had obtained a visa, that Victor Joshue Rocafuerte Alay’s application through the Electronic System for Travel Authorization was progressing, and that Felipe’s visa situation had not changed.

Ruling

The court concluded that Felipe was not required to travel to the United States for his deposition because he had made diligent efforts to obtain a visa and his application had been denied under Section 214(b). The court then revised its earlier arrangement based on the Eiffel Defendants’ offer to conduct the deposition in Colombia if the plaintiffs paid the defense counsel’s travel and lodging costs.

The court vacated its March 27, 2025 order permitting remote depositions. If Felipe remains unable to obtain a visa and travel to the United States, his deposition must proceed in person in Colombia. The defendants must pay for the deposition location, translators, court reporters, and videographers. The plaintiffs must pay reasonable travel and lodging expenses for one attorney representing the Eiffel Defendants and one attorney representing InterExchange, Inc.; the opinion specifies coach airfare and non-luxury hotel costs. If Felipe obtains a visa through reapplication or otherwise, his deposition must take place in New York. If the defendants decline to travel to Colombia under those conditions, the deposition must take place remotely.

The court did not issue any further ruling concerning Victor at that time and ordered the plaintiffs to provide a status update about his efforts to travel to the United States by April 30, 2025. Judge Jennifer L. Rochon ordered the parties to proceed consistently with the April 7 order.

Classification

This is a procedural order concerning the conduct and location of depositions. It does not decide the underlying claims.