Campodonico v. Wal-Mart Stores East, LP

Background

At a December 21, 2020 status conference, the parties’ lawyers reported that they still had not contacted non-party witnesses Samuel Phillippe and Dede Burgado. The witnesses had been properly served with subpoenas for deposition testimony. The court had also issued orders on March 24, 2020, and November 19, 2020, concerning the subpoenas’ noncompliance.

The court warned that continued failure to follow its orders and the subpoenas could result in serious consequences. It explained that available sanctions could be used to encourage future compliance, compensate a party harmed by the noncompliance, or both. The court identified service costs and attorney fees for time spent on a failed deposition attempt as examples of possible sanctions.

Court’s Directions

The court noted that complying with the subpoenas would not require a substantial time commitment and could be done by telephone or video recording. It scheduled a telephone conference with Magistrate Judge Andrew E. Krause for February 18, 2021, at 2:00 p.m., and directed Mr. Phillippe and Ms. Burgado to call in to discuss the subpoenas. The court stated that participation in the conference might address the subjects for which the parties had sought their depositions.

The court also said the witnesses could contact either side’s lawyer to understand what was required and arrange a safe way to comply. It directed defense counsel to serve a copy of the order on both witnesses as promptly as possible, allowed service by mail at their last known addresses, and required counsel to provide telephone numbers and email addresses for the lawyers. Defense counsel had to file proof of service on the docket by February 17, 2021.