SECURITIES EXCH. COMM. v. TECUMSEH HOLDINGS CORP

SHIRA SCHEINDLIN, District Judge

On June 19, 2009, this Court issued an order directing defendant John L. Milling to provide the Securities and Exchange Commission ("SEC") and the Court with information from his physician by June 25, 2009 concerning his ability to participate in discovery. Although the Court and plaintiff's counsel have received many promises and numerous lengthy letters from Milling (through his secretary) in the past month, he has never provided the promised information — i.e. the date on which he will again be available to participate in discovery. Therefore, the SEC is permitted to depose third parties without Milling present until Milling notifies the SEC that his health has recovered sufficiently for him to again participate in discovery. The SEC must provide transcripts of such depositions to Milling, as this Court is ordering that discovery proceed in his absence.

SO ORDERED: