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Case 1:15-cv-07433-LAP Document 1328-9 Filed 01/05/24 Page 17 of 21 IX. The Motion to Exceed the Ten Deposition Limit is Granted in Part and Denied in Part As of the filing of Plaintiff’s reply on June 13, 2016, Plaintiff has deposed Defendant, Ms. Sjoberg, Mr. Alessi, Mr. Rodgers, and Mr. Rizzo and scheduled the depositions of Mr. Epstein, Mr. Gow, (J MMM, Ms. Kellen, Ms. Marcinkova, Mr. Recarey, and Mr. Brunel. Plaintiff now seeks leave of the Court pursuant to Federal Rule of Civil Procedure 30(2) (A) (i) take three additional depositions: Mrs. Alessi, Mr. Reiter, and newly raised in Plaintiff’s reply, Former President Clinton. Discovery being well under way and depositions having been scheduled for more than ten individuals, the motion is timely. “The court must grant a request to exceed ten depositions unless the additional depositions would be unreasonably cumulative or duplicative, the requesting party had a prior opportunity in discovery to obtain the information sought, or the burden or 8360(NRB), 2008 WL 2073934, at *5 (S.D.N.Y. May 8, 2008) (“New York courts have held that an ‘at issue’ waiver occurs “where a party affirmatively places the subject matter of its own privileged communication at issue in litigation, so that invasion of the privilege is required to determine the validity of a claim or defense of the party asserting the privilege, and application of the privilege would deprive the adversary of vital information.”). 16