Notice of Filing — DV Diamond Club v. SBA (Dkt. 32, E.D. Mich.)
Summary
Plaintiffs' Notice of Filing Re: Potential Discovery Dispute in DV Diamond Club of Flint, LLC v. United States Small Business Administration, Case No. 4:20-cv-10899, in the U.S. District Court for the Eastern District of Michigan, filed April 29, 2020 as ECF No. 32. It recites the order that the SBA be prepared to make a representative available to testify within 48 hours of the hearing on the motion for a temporary restraining order or preliminary injunction (ECF No. 12), set for April 30, 2020. The plaintiffs served a notice of deposition of an SBA representative on April 23, 2020 (Exhibit A), and SBA counsel provided a letter with objections to the topics on April 29, 2020 (Exhibit B). The plaintiffs regard the objections as improper and place both before the court so that, in the event the deposition is to proceed, it can rule on any objections the SBA maintains.
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“Notice of Filing — DV Diamond Club v. SBA (Dkt. 32, E.D. Mich.).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/notice-dv-diamond-club-of-flint-llc-v-u-s-small-business-administratio-bc1106a301/
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Case 4:20-cv-10899-MFL-DRG ECF No. 32 filed 04/29/20 PageID.1006 Page 1 of 4
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DV DIAMOND CLUB OF FLINT, LLC
d/b/a Little Darlings, et al.
Plaintiffs, Case No. 4:20-cv-10899
Hon. Matthew F. Leitman
v. Hon. David R. Grand
by referral
UNITED STATES SMALL BUSINESS
ADMINISTRATION, et al.
Defendants.
__________________________________________________________________
Bradley J. Shafer (P36604) Gary S. Edinger (Fla. 0606812)
Brad@BradShaferLaw.com GSEdinger12@gmail.com
Matthew J. Hoffer (P70495) BEJAMIN, AARONSON, EDINGER
Matt@BradShaferLaw.com & PATANZO, P.A.
SHAFER & ASSOCIATES, P.C. 305 N.E. 1st Street
3800 Capital City Blvd., Suite 2 Gainesville, Florida 320601
Lansing, Michigan 48906 352-338-4440 - Telephone
517-886-6560 – Telephone Co-Counsel for Plaintiffs JCB of
Attorneys for All Plaintiffs Gainesville, Inc., and V.C.
Lauderdale, Inc.
Peter E. Garrell
PGarrell@FortisLaw.com
FORTIS, LLP
650 Town Center Drive, Suite 1530
Costa Mesa, California 92626
714-795-2363 - Telephone
Attorneys for Spearmint Rhino
affiliated Plaintiffs
__________________________________________________________________
PLAINTIFFS’ NOTICE OF FILING
Re: POTENTIAL DISCOVERY DISPUTE
Case 4:20-cv-10899-MFL-DRG ECF No. 32 filed 04/29/20 PageID.1007 Page 2 of 4
NOW COME all Plaintiffs, by and through their undersigned counsel of
record, and hereby give notice as follows:
1. This Court’s Order Setting Briefing Schedule [ECF No. 18, PgID.638]
provided that the Small Business Administration was to be prepared to make a
representative available to testify within 48 hours of the hearing on Plaintiffs’
Motion for a Temporary Restraining Order or Preliminary Injunction [ECF No. 12],
which is presently set for 9:30 AM on April 30, 2020.
2. On April 23, 2020, Plaintiffs served all Defendants with their Notice of
Deposition of Representative of the United States Small Business Administration
Pursuant to Fed. R. Civ. P. 30(b)(6), with a courtesy copy by email. The purpose of
the notice was to provide the Defendant SBA with as much time as possible to
prepare a representative for deposition, should a deposition prove necessary. A true
an accurate copy of said notice is attached hereto as Exhibit A.
3. On April 29, 2020, at approximately 8:40 PM Eastern Time, counsel
for the Defendant Small Business Administration provided a letter regarding the
deposition notice, which contains objections to the topics set forth for deposition in
the notice. A true and accurate copy of said letter is attached hereto as Exhibit B.
4. Plaintiffs thank the SBA for providing this letter in advance of the
hearing, but regard the objections set forth therein as improper. Plaintiffs now place
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Case 4:20-cv-10899-MFL-DRG ECF No. 32 filed 04/29/20 PageID.1008 Page 3 of 4
the deposition notice and objections before the court so that, in the event the Rule
30(b)(6) deposition is to proceed, the Court can rule upon any objections the SBA
sees fit to maintain and to avoid any delay the objections may present.
5. This notice is not intended to serve as a full response to the issues raised
in the SBA’s letter. Plaintiffs are simply placing the documents before the Court to
aid the Court and parties in resolving the objections should that prove necessary.
Respectfully submitted,
Dated: April 29, 2020 /s/ Matthew J. Hoffer
BRADLEY J. SHAFER (MI P36604)
Brad@BradShaferLaw.com
MATTHEW J. HOFFER (MI P70495)
Matt@BradShaferLaw.com
SHAFER & ASSOCIATES, P.C.
3800 Capital City Boulevard, Suite 2
Lansing, Michigan 48906
(517) 886-6560
Attorney for All Plaintiffs
3
Case 4:20-cv-10899-MFL-DRG ECF No. 32 filed 04/29/20 PageID.1009 Page 4 of 4
CERTIFICATE OF SERVICE
I certify that on April 29, 2020, I electronically filed the foregoing document
with the Clerk of the Court using the ECF system, which will send notification of
such filing to all counsel of record.
/s/ Matthew J. Hoffer
Matthew J. Hoffer (MI P70495)
SHAFER & ASSOCIATES, P.C.
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