U. S. District Court for the NMI Magistrate Judge Heather L. Kennedy agreed yesterday to postpone the scheduled deposition of Swift Air executives Jeffrey Conry and Boris Van Lier this month but said it will be done this time in the CNMI instead of North Carolina.
Kennedy ordered the depositions of Conry and Van Lier to be held on Saipan on Nov. 5 and 6, 2013.
Deposition refers to the taking of testimony of a witness outside of court.
Saipan Air Inc. is suing the two for alleged racketeering and is demanding $50 million in damages.
Kennedy said the deposition dates may be changed upon mutual agreement by the parties, without the need for a subsequent court order.
The parties agreed to work out the cost for reimbursement to Saipan Air for expenses incurred by its counsel, Steven Pixley, who is already in North Carolina for the scheduled depositions.
The depositions of Conry, Van Lier, and Swift Air executive Donald Stukes were originally scheduled for Oct. 9 to 11 in Charlotte, North Carolina.
Pixley and Vincent Seman appeared at the hearing yesterday for Saipan Air. Pixley, spoke via phone. Attorney Michael White argued for his clients, Conry and Van Lier.
The hearing began on Monday and continued yesterday.
Pixley opposed the postponement of the depositions as he is already in Charlotte, having left Saipan on Sunday at 4:30am.
Pixley said he only learned that Conry and Van Lier asked to postpone the depositions upon landing in Houston that day, after traveling for roughly 20 hours and when he opened his e-mail.
White said that, although Conry and Van Lier have asked for a postponement of the depositions, Stukes is willing to proceed with the deposition.
White cited the ongoing efforts to emerge from bankruptcy as the reason for Conry’s and Van Lier’s request for postponement.
Kennedy agreed with White.