August 26, 2009
Re: Naugler v. Air Line Pilots Ass’n
05 CV 4751 (NG)(VVP)____________
Dear Magistrate Judge Pohorelsky:
I write in order to respectfully request an extension of the current discovery scheduling order [Doc. #84]. I conferred today with defendants’ counsel, who joins in this application. The parties jointly request an additional 60 days, until November 30, 2009, to complete discovery, with a concomitant 60-day adjustment to the other dates in the scheduling order.
The main reason for this request is that ALPA’s counsel advises that its decertification as bargaining representative of US Airways pilots deprives it of control over eight witnesses that I plan to depose.1 I had believed defendant had control over the deponents and, thus, that arranging depositions for New York would be uncomplicated. However, plaintiffs have had to proceed by subpoena; depositions are now planned for Pittsburgh, Florida, Delaware, New Hampshire, Vermont, Philadelphia, and Washington, D.C. In addition, these witnesses’ flying schedules creates additional scheduling difficulties.
There are also other complications: ALPA’s counsel informs me that he has a federal trial in Islip, commencing September 14, 2009, rendering it exceedingly difficult to proceed cooperatively in the absence of an extension; and the schedule of ALPA’s President makes it difficult to conduct a complete deposition of him prior to late October.2
Thank you for considering the foregoing.
Respectfully,
Michael S. Haber
