Cdex, Inc. (fka CDEX)

[streetpenn]

Perhaps I Missed Something:

I've never heard of a Judge vacating a deposition/discovery order based on the deponent's assertion (upon information and belief) that the attorney for the party seeking discovery was withdrawing.

I guess it's possible that the Court received notification from the withdrawing attorney or from Ryles confirming the withdrawal and it was just not made part of the record. But if that was the case, the motion papers and/or the Order to Vacate would have had a recitation to that effect.

At the very least the Court's Order should have been a postponement (not vacating) of the hearing pending the confirmation of the withdrawal and perhaps a reasonable time to retain new counsel to conduct the deposition.

I have to believe I'm missing something.