📧 to ORDOJ: "If that is not Defendants' position..."

Counsel, 

Thank you for your October 8 reply. So that Defendants' position is recorded, and will be presented to the Court precisely, I'll quote it below. My positions are in [italics]. 

1. Depositions. Defense wrote: "there will NOT be Sunday depositions" and "You cannot... require either Ms White or the witnesses to give up their Sundays" and "You need to make time during the regular hours of 9am to 5pm Monday through Friday. Either close your business or hire temporary support."

Please confirm by October 14 that these statements are made on behalf of Ms. Boshart Davis, Ms. Perry, and Ms. White, and that Defendants' position is that I must close my place business and/or hire temporary support in order to plan and attend depositions on weekdays between 9:00 AM and 5:00 PM. If that is not Defendants' position, please state what it is and the specific burden on which it rests by October 14.

2. Conferral and motion practice. Defense wrote: "It is incumbent upon you reasonably to confer with Ms. White on her return" and "No motion practice will be appropriate prior to that."

I will confer with Ms. White on her return, and, in the meantime, with the State's duly authorized stand ins, such as yourself. I am available to confer by phone at [reddacted] per LR 7-1(a)(1)(A). If ORDOJ declines telephonic conferral, please say so in writing; stop burning time with semantics. 

3. Privilege log. Defense wrote: "She will respond to you as regards the privilege log as she works through the needs of all her cases."

That is not a date. Please provide a date certain for the log by October 14.

4. Deadlines. Defense wrote: "I am aware of nothing in the Court's Order that requires your continued use of arbitrary deadlines." 

The Court's October order directs the parties to communicate about remaining discovery issues. The response dates in my email are set so those issues can be resolved before the November 5 fact-discovery deadline. I don't think you are using "arbitrary" properly; here is an English definition we can work from - https://dictionary.cambridge.org/us/dictionary/english/arbitrary. 

5. Corrections and schedule.The response dates in B.4 and D of my email should read October 12, not October 1. I will move under LR 16-3(a) to extend fact discovery to December 4, 2026 and dispositive motions to January 8, 2027, for items A through C.

Please state by October 14 whether Defendants join, do not oppose, or oppose, and the basis.

6. No response yet. I have received no response to A.2 through A.5 or B.1 through B.4. Please respond by October 14. Absent a response, I will so advise the Court.