Mike Boyle, doing business as Surface Dynamix, and his son, Christopher, have filed a motion for the judge in the U.S. District Court of Oregon, Eugene division, to compel GlasWeld to schedule depositions. The Boyles allege, “despite the courts order, the plaintiff has repeatedly [avoided] the courts order.”
Mike Boyle says he has attempted to contact the plaintiff via email to schedule the depositions.
“Defendants patiently waited for a response from the plaintiff; however, the plaintiff choose to completely ignore the email and decided that they were not to be beholden to the court’s order to confer about and schedule depositions,” according to court documents.
Mike Boyle says he again emailed GlasWeld’s attorney on August 10, 2015.
“I have spoked with the courts and am looking for either the second or third week in September at the latest. I will confirm space at the courthouse by the morning,” Mike Boyle writes in court documents.
In response, Mike Boyle says he received an email from Javier Sobrado, GlasWeld’s attorney. According to court documents the email stated, “Any unilateral attempt to set deposition dates will be a waste of the parties’ time and the court’s time. We are in the process of identifying potential deposition dates that may be workable. However, in the coming weeks we have numerous existing commitments for other matters that mate it unlikely that dates before September 10 will be workable. We will be in touch when we have confirmed our experts’ availability and our availability.”
As of August 25, 2015, Mike Boyle says he has not received possible dates or availability from GlasWeld’s attorney to schedule depositions.
“It should be clear to all parties involved that the quickest and surest way to ensure judicial expedience moving forward with this case would be to expedite the deposition process,” Mike Boyle writes in court documents. “[T]he plaintiff did, however, send an email to the defendants that they will not be moving forward with any depositions until they receive payment.”
The Boyles have requested the court provide an order requiring the plaintiffs to complete depositions.
The payment GlasWeld’s attorney appears to be referring to is the judge’s ordered sanctions against the Boyles in the form of attorney’s fees.
The Boyles filed an emergency motion asking a judge to reconsider her recent order which imposed sanctions.
GlasWeld has not yet responded in the court system at press time.