Dear Miriam,
I hope this message finds you well. I am writing in connection with *Meridian Infrastructure Partners LLC v. Northgate Fiber Americas Inc.*, Index No. 654321/2024, pending before Justice Ricci in Part 49 of the Supreme Court of the State of New York, New York County, Commercial Division, to propose dates for the first round of fact witness depositions in this matter.
As you know, the Preliminary Conference Order entered October 1, 2024 established the fact deposition window and the broader discovery schedule. Both sides have now substantially completed their initial document productions—Northgate's production encompassed approximately 1.4 million documents (approximately 3.2 TB) from 10 custodians, and Meridian's production encompassed approximately 890,000 documents (approximately 1.8 TB) from 8 custodians. With initial productions largely behind us, it seems an appropriate time to begin scheduling depositions so that we can complete them efficiently within the court-ordered timeframe. We are committed to cooperating with your side on scheduling to that end.
**I. Proposed Dates — Northgate Witnesses**
We would like to propose the following dates for depositions of two Northgate fact witnesses:
1. **Renata Voss** (Vice President, US Network Infrastructure, Northgate Fiber Americas Inc.) - **Proposed Dates:** November 12–13, 2024 (two days) - Ms. Voss oversaw the fiber build-out program at issue in this litigation, and given the breadth of her involvement across multiple phases of the project, we anticipate that her deposition will require two full days. - **Proposed Location:** Calderwood & Harkness LLP, 425 Park Avenue, 33rd Floor, New York, NY 10022. We are happy to discuss an alternative location if HDS prefers.
2. **Sean Calloway** (Director, Construction Management, Northgate Fiber Americas Inc.) - **Proposed Date:** November 19, 2024 (one day anticipated) - Mr. Calloway served as the day-to-day contract administrator for the Master Construction Agreement, including oversight of NCR documentation and milestone tracking. We anticipate his deposition can be completed in one day. - **Proposed Location:** Same as above, or an alternative location if preferred.
**II. Proposed Dates — Meridian Witnesses**
We would also like to propose the following dates for depositions of two Meridian fact witnesses:
3. **Marcus Henley** (Vice President, Field Operations, Northeast Division, Meridian Infrastructure Partners LLC) - **Proposed Dates:** December 3–4, 2024 (two days) - Mr. Henley had a supervisory role over the field crews deployed on the Northgate project, and given the scope of his involvement across Phases 1 through 3, we anticipate that two days will be necessary. - **Proposed Location:** Hargrove, Deluca & Stein LLP, 51 West 52nd Street, 40th Floor, New York, NY 10019, or such other location as HDS may designate.
4. **Victor Sandoval** (Managing Member / CEO, Meridian Infrastructure Partners LLC) - **Proposed Dates:** December 10–11, 2024 (two days) - As Meridian's chief executive, Mr. Sandoval possesses knowledge spanning the full contractual relationship between the parties, including the Corrective Action Plan, the termination correspondence, and Meridian's financial condition. We anticipate two days will be required. - **Proposed Location:** Same as Mr. Henley's deposition, or as designated by HDS.
**III. Additional Witnesses — Future Scheduling**
Beyond the four witnesses identified above, the parties will need to schedule additional depositions in the January–March 2025 timeframe. We anticipate that these will include, at a minimum:
- **Bridget Yeung** (COO, Meridian Infrastructure Partners LLC); - **Helena Bright** (CFO, Northgate Fiber Americas Inc.) — We note that Ms. Bright is located in the United Kingdom, and her deposition will accordingly need to be taken by commission in London. We would welcome an early discussion regarding the logistics for that deposition so that we can address any procedural requirements in a timely manner; - **Dominic Hale** (General Counsel, Northgate Fiber Americas Inc.) — As you are aware, Meridian has noticed Mr. Hale's deposition. Northgate has asserted privilege objections to that notice, which remain pending. We reserve all rights with respect to this deposition notice without waiving any objections; and - **Frank DiBello** (CEO, Crestline Construction Group Inc.) — Mr. DiBello is a non-party witness, and a subpoena will be required.
We propose deferring scheduling of these additional depositions until the November–December depositions are complete, but we are happy to discuss calendaring them now if HDS would prefer to do so.
**IV. Logistics**
A few logistical items for your consideration:
- *Court Reporter:* Does HDS have a preferred court reporting service? If not, we are happy to coordinate the selection of a mutually agreeable reporter for each deposition.
- *Videography:* Please be advised that Northgate intends to videotape the depositions of Mr. Henley and Mr. Sandoval. We will provide the requisite notice in accordance with the CPLR. Please let us know whether Meridian intends to videotape the depositions of Ms. Voss and/or Mr. Calloway so that we can make appropriate arrangements.
- *Document Exhibits:* In the interest of efficiency, we propose that the parties exchange proposed exhibit lists at least three (3) business days prior to each deposition. This proposal is without prejudice to either party's right to use additional documents not identified on the exhibit list during the deposition.
- *Confidential Materials:* The Stipulated E-discovery Protocol and the Confidentiality Stipulation and Protective Order, both filed with the Court on October 1, 2024, will govern the treatment of any materials designated as "Confidential" or "Highly Confidential — Attorneys' Eyes Only" that are used as exhibits or otherwise referenced during the depositions.
**V. Next Steps**
Please let us know at your earliest convenience whether the proposed dates work for your clients and your team, or, if they do not, please suggest alternative dates within the same general November–December 2024 window so that we can stay on track with the court-ordered schedule. If it would be easier to coordinate calendars by phone, I am happy to set up a call—please feel free to suggest a time that works for you.
Thank you for your attention to this, Miriam. I look forward to hearing from you.
Best regards,
Jeffrey Park Calderwood & Harkness LLP 425 Park Avenue, 33rd Floor New York, NY 10022 Direct: (212) 555-8374 Email: jpark@calderwoodharkness.com C&H Matter No. 1022-00005
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