"margin agreement"). At his deposition, Kempner acknowledged that he signed the Signature Record and Cash Agreement and the Customer Agreement for Oppenheimer Automatic Cash Investment Account, but not the margin agreement. Oppenheimer conducted an investigation and determined that it had reason to believe that Kempner had not signed this agreement. Although, at this stage of its inquiry, Oppenheimer had not been able to determine who signed the margin agreement or whether it had been signed by someone acting on Kempner's behalf or with his authorization, Oppenheimer no longer felt justified in relying upon the margin agreement and withdrew it as a basis for its motion to stay this litigation pending arbitration. Oppenheimer's reliance on the other two agreements remains unchanged.
The Amended Complaint sets forth seven claims for relief:that Kempner and Oppenheimer both were engaged in dilatory tactics which indeed did result in the postponement of Lovasz's scheduled deposition and an extension of the discovery deadline. As a result, the Court finds it inappropriate to award attorneys' fees to Kempner when Kempner's attorneys were in part responsible for the delay.
Lovasz's motion, however, is granted because Cohn in no way was responsible for the postponement of Lovasz's deposition. Indeed, Lovasz and Cohn arrived at the scheduled time for the deposition and was informed by Oppenheimer's counsel that he sought an adjournment because Feinberg was unrepresented at the deposition.
Cohn has submitted an affidavit outlining his expenses in this matter: approximately 1½ hours of his time at a rate *1284 of $175.00 per hour and taxi fare to the