Quigley v. Esquire Deposition Services, L.L.C., A-1254-08T3; Appellate Division; opinion by Skillman, P.J.A.D.; decided and approved for publication August 12, 2009. Before Judges Skillman, Graves and Grall. On appeal from the Law Division, Burlington County, L-2238-08. DDS No. 09-2-4979 [18 pp.]
Plaintiff was a party to litigation in the District Court. Plaintiff’s adversary took his deposition in New Jersey, and contracted with defendant Esquire Deposition Services to transcribe the deposition. Since the Federal Rules of Civil Procedure do not require a reporter who transcribes a deposition to furnish a copy to the other parties, plaintiff ordered a transcript of his deposition from defendant, which charged him $1,251.55. Plaintiff brought this action claiming that defendant violated the New Jersey statute and administrative regulations governing shorthand reporting in transcribing his deposition and charging him for a copy. In addition, plaintiff claimed that defendant violated the Consumer Fraud Act in billing him for a copy of his deposition. Plaintiff sought class certification of the complaint.
