Professional Documents
Culture Documents
2020 12 01 - 59 - Meet and Confer Statement
2020 12 01 - 59 - Meet and Confer Statement
PLAINTIFF,
DEFENDANT.
COMES NOW Plaintiff, by and through counsel of record, with a meet and confer
statement regarding the motion to amend and the motion to compel pursuant to Local
Rule 7.1.
1. I, Matthew A. Kezhaya, certify that I have met and conferred with Monte Mills
and Sam Clark regarding the motion to amend and the motion to compel.
2. To-wit:
on November 12;
EXHIBIT 2.
3. Neither Mr. Mills nor Mr. Clark have called me back since November 18.
WHEREFORE TST prays this Court find that undersigned counsel has engaged in a
/s/Jason S. Juran
Jason S. Juran, Esq. (MN # 397935)
Robert R. Hopper, Esq. (MN # 208760)
333 S. Seventh Street, Suite 2450
Minneapolis, MN 55402
P: (612) 455-2199
F: (612) 455-1689
E: jasonjuran@robertrhopper.com
E: robert.hopper@robertrhopper.com
Exhibit 1
November 30 correspondence re: 30(b)(6) deposition of City
CASE 0:19-cv-01122-WMW-LIB Doc. 59-1 Filed 12/01/20 Page 2 of 7
Please see below for the teleconference details on the City's 30(b)(6) deposition for tomorrow morning:
Thank you for confirming your service request for the Deposition scheduled for 12/1/2020 at
09:00 AM Central.
Since this proceeding is less than one business day and has been confirmed, any changes,
including cancellation or postponements, must be made by phone. Please call us at 312-782-
8087 and refer to Esquire Job Number J6285122.
If your court reporter is attending remotely, and you have exhibits to submit into
evidence, either a URL link or an Upload email address to send the electronic files will be
provided below:
Please use a separate file for each exhibit and name the files with the exhibit numbers.
If you need assistance during a remote proceeding, please contact the Conferencing
Support Team:
Esquire Job
J6285122
Number:
Court Folder
19-CV-01122 (WMW/LIB)
Number:
Firm File/Matter
#:
CASE 0:19-cv-01122-WMW-LIB Doc. 59-1 Filed 12/01/20 Page 3 of 7
Date and Time: 12/1/2020 09:00 AM Central
Juran, Jason
Setting Attorney:
Robert R Hopper & Associates - Minneapolis
Scheduling
Schultz, Kristina M
Contact:
Additional Notes:
Services
Requested:
Yes
Court Reporter:
Attending Remotely (not with the Witness)
Realtime: No
Streaming Video: No
Interpreter:
No
Language:
Interpreter Prep
Time:
Streaming Text: No
Videographer: No
Remote Technician No
Expedited
Delivery:
Conferencing
Videoconference Attendees
Type:
Conferencing
Zoom
Provider:
Videoconference https://esquiresolutions.zoom.us/j/93890132016?pwd=
URL: MGY5SkpKZDRMVWZhd3RzYUpCMklxQT09
Teleconference
+1 312 626 6799 or +1 646 558 8656 US Toll
Info:
800.211.DEPO (3376)
Esquire Deposition Solutions
CANCELLATIONS: Please be advised that fees will apply if canceled after 5:00 PM the business day prior to your
proceeding date. Additional notice may be required for external conference rooms booked by Esquire.
CASE 0:19-cv-01122-WMW-LIB Doc. 59-1 Filed 12/01/20 Page 4 of 7
PROCEEDINGS IN AN ESQUIRE OFFICE canceled after 5:00 p.m. the prior business day will incur a
conference room-specific late-cancellation fee.
INTERPRETERS or VIDEOCONFERENCE cancellations require a minimum of 24 hour business day notice
prior to the start time to avoid a cancellation fee.
Matthew A. Kezhaya
Arkansas office:
Kezhaya Law PLC
1202 NE McClain Rd
Bentonville, AR 72712
p: (479) 431-6112
f: (479) 282-2892
e: matt@kezhaya.law
This message may contain confidential or privileged information and was intended for a particular
recipient. If it appears that I sent this to you in error, please inform me and delete this message.
Dear Matt,
Thank you for the email. We have filed a motion for a protective order that addresses the 30(b)(6) deposition along with
other deposition issues that remain unresolved following unsuccessful efforts to reach agreement.
As discussed during our November 10 meet and confer and in earlier communications from my colleague Monte Mills, the
matters for examination that you have listed for a 30(b)(6) deposition of the City are far beyond the scope of the issues
remaining in this case. Monte’s November 9 letter to you laid out the City’s position, including the City’s willingness at that
time to “proceed with a Rule 30(b)(6) deposition of the City of Belle Plaine sometime the week of November 30 –
December 4 if Plaintiff properly narrows the scope of matters for examination.” To date, you have not done so. We have
therefore determined that we need the Court’s assistance in resolving these issues.
Additionally, I note that your updated 30(b)(6) deposition notice—sent with one business day remaining before the
Thanksgiving holiday weekend—left the City with an unreasonable amount of notice to prepare for such a deposition.
In sum, the City is unwilling to move forward with a 30(b)(6) deposition given the timing and scope of your notice. We
have determined that we need to seek a protective order.
CASE 0:19-cv-01122-WMW-LIB Doc. 59-1 Filed 12/01/20 Page 5 of 7
Sincerely,
Sam Clark
612.373.8372 phone
sclark@greeneespel.com
GREENE ESPEL PLLP 222 South Ninth Street, Suite 2200, Minneapolis, MN 55402-3362
612.373.0830 phone 612.373.0929 fax www.greeneespel.com
IMPORTANT: This electronic message contains information from Greene Espel PLLP or its attorneys that is
presumptively confidential and, if sent to clients or co-counsel, may be privileged or otherwise protected from
disclosure. The unauthorized use, distribution, or re-transmission of any part of this message by an unintended
recipient is strictly prohibited and may be a violation of law. If you are not the intended recipient of this e-mail, please
contact the sender immediately and delete all copies.
NOTICE: This electronic mail transmission may contain an a orney-client communica on that is privileged by law. It is
not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail
transmission in error, please delete it from your system without copying it, and no fy the sender by reply e-mail, or
by calling 612-455-2199, so that our address record can be corrected.
I need to confirm or cancel with the court reporter tomorrow. Please confirm that you are not showing up
for tomorrow's deposition.
Matthew A. Kezhaya
Arkansas office:
Kezhaya Law PLC
1202 NE McClain Rd
Bentonville, AR 72712
p: (479) 431-6112
f: (479) 282-2892
e: matt@kezhaya.law
This message may contain confidential or privileged information and was intended for a particular
recipient. If it appears that I sent this to you in error, please inform me and delete this message.
Confirmed. The City is unwilling to move forward with a 30(b)(6) deposition given the timing and scope of your notice.
Kristina Schultz
Sr. Paralegal
333 South 7th Street, Suite 2450
Minneapolis, MN 55391
Main: 612.455.2199
Direct: 612.367.4844
Fax: 612.455.1689
kristina.schultz@robertrhopper.com
www.robertrhopper.com
CASE 0:19-cv-01122-WMW-LIB Doc. 59-1 Filed 12/01/20 Page 7 of 7
NOTICE: This electronic mail transmission may contain an attorney-client communication that is privileged by law. It
is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail
transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, or by
calling 612-455-2199, so that our address record can be corrected.
Thank you!
Matthew A. Kezhaya
Arkansas office:
Kezhaya Law PLC
1202 NE McClain Rd
Bentonville, AR 72712
p: (479) 431-6112
f: (479) 282-2892
e: matt@kezhaya.law
This message may contain confidential or privileged information and was intended for a particular
recipient. If it appears that I sent this to you in error, please inform me and delete this message.
Exhibit 2
November 30 - December 1 correspondence re: extending deadlines
CASE 0:19-cv-01122-WMW-LIB Doc. 59-2 Filed 12/01/20 Page 2 of 5
Needless to say, I do not agree with how you’ve framed this issue. To be clear, the City does not agree to extend the
deadlines.
The City will provide a privilege log before the December 4 discovery deadline. In the meantime, the City is not waiving
any privilege. The artificial deadlines in your November 24 letter are unreasonable for all of the reasons I laid out in my
email yesterday.
Hey Sam,
My deadline to finalize and file the motion to extend deadlines is tomorrow. I'd prefer to state that y'all
agree to extended deadlines.
Matthew A. Kezhaya
Arkansas office:
1202 NE McClain Rd
Bentonville, AR 72712
CASE 0:19-cv-01122-WMW-LIB Doc. 59-2 Filed 12/01/20 Page 3 of 5
p: (479) 431-6112
f: (479) 282-2892
e: matt@kezhaya.law
Minneapolis, MN 55402
p: (479) 431-6112
f: (479) 282-2892
e: matt@kezhaya.law
This message may contain confidential or privileged information and was intended for a particular
recipient. If it appears that I sent this to you in error, please inform me and delete this message.
Dear Matt,
I am writing in response to the letter attached to your November 24 email below. In that letter—sent after business
hours with one business day left before a holiday weekend—you asked the City to correct claimed deficiencies in the
City’s discovery responses by November 30 at 5 pm. That is not a reasonable amount of time for the City to fully
respond to your letter. We will do so as soon as possible this week.
You also requested a privilege log, writing that “I provided you a privilege log, it’s only fair for you to do the same.” Near
the end of your letter, you wrote that you would deem the City’s privilege objections “waived unless I have a privilege
log before December 1.”
Given that you provided the City with a privilege log on November 4 (41 days after your discovery responses dated
September 24), it’s only fair for the City to likewise take some time to produce its privilege log after its discovery
responses dated November 16. The City will of course provide you with a privilege log but that will not be before
tomorrow. To be clear, the City does not waive any of the objections in its discovery responses.
Sincerely,
Sam Clark
612.373.8372 phone
sclark@greeneespel.com
CASE 0:19-cv-01122-WMW-LIB Doc. 59-2 Filed 12/01/20 Page 4 of 5
GREENE ESPEL PLLP 222 South Ninth Street, Suite 2200, Minneapolis, MN 55402-3362
612.373.0830 phone 612.373.0929 fax www.greeneespel.com
IMPORTANT: This electronic message contains information from Greene Espel PLLP or its attorneys that is
presumptively confidential and, if sent to clients or co-counsel, may be privileged or otherwise protected from
disclosure. The unauthorized use, distribution, or re-transmission of any part of this message by an unintended
recipient is strictly prohibited and may be a violation of law. If you are not the intended recipient of this e-mail,
please contact the sender immediately and delete all copies.
Matthew A. Kezhaya
Arkansas office:
1202 NE McClain Rd
Bentonville, AR 72712
p: (479) 431-6112
f: (479) 282-2892
e: matt@kezhaya.law
Minneapolis, MN 55402
p: (479) 431-6112
f: (479) 282-2892
e: matt@kezhaya.law
CASE 0:19-cv-01122-WMW-LIB Doc. 59-2 Filed 12/01/20 Page 5 of 5
This message may contain confidential or privileged information and was intended for a particular
recipient. If it appears that I sent this to you in error, please inform me and delete this message.
Please see the attached letter sent on behalf of Monte Mills. Thank you.
Susann M. Holenko
612.373.8386 phone
sholenko@greeneespel.com
GREENE ESPEL PLLP 222 South Ninth Street, Suite 2200, Minneapolis, MN 55402-3362
612.373.0830 phone 612.373.0929 fax www.greeneespel.com
IMPORTANT: This electronic message contains information from Greene Espel PLLP or its attorneys that is
presumptively confidential and, if sent to clients or co-counsel, may be privileged or otherwise protected from
disclosure. The unauthorized use, distribution, or re-transmission of any part of this message by an unintended
recipient is strictly prohibited and may be a violation of law. If you are not the intended recipient of this e-mail,
please contact the sender immediately and delete all copies.