Opinion
1:20-cv-05482
10-14-2021
BEYOND BESPOKE TAILORS, INC. and NICK TORRES Plaintiffs, v. JAMES BARCHIESI, WORKSITE LLC, WORKSITE ACCOUNTANTS AND ADVISORS, WORKSITE CAPITAL PARTNERS LLC, WORKSITE VENTURES, and ROTH & ASSOCIATES, Defendants.
MOTION FOR RECONSIDERATION AND MODIFICATION OF CASE MANAGEMENT ORDER
VERNON S. BRODERICK U.S.D.J.
AND NOW COMES, James Barchiesi, pro se, who files the within motion pursuant to R. 16(b)(4) to modify the proposed case management order adopted by the court on October 06, 2021, which Defendant opposes for the reasons set forth below:
1. This court ordered the parties to meet and confer on the issue of proposing a case management order following a hearing on September 20, 2021.
2. The Plaintiff and Defendant did meet and confer on the issue of adopting a case management plan, after which plaintiff provided defendant with a handwritten order that was not clear or legible.
3. Furthermore the proposed case management order adopted by the court, which is the same handwritten case management plan provided to Defendant imposes obligations on only one party with respect to discovery and does not adequately include the required contents under R. 16(3)(A). 1
4. To date, the court has not yet ruled on the Defendant's Motion to Dismiss and Change of Venue.
5. The proposed case management plan adopted by this court does not include limitations on the time to join other parties, amend the pleadings, complete discovery, and file motions.
6. The court's order is handwritten, unclear and not legible.
7. Moreover, it fails to adequately track the litigation and otherwise prejudices the Defendant in favor of Plaintiff.
8. To date, Plaintiff has yet to provide Defendant with complete disclosures as to all materials they intend to rely on at trial, nor does this courts order give sufficient time to allow discovery issues to be resolved.
9. In addition, no answer has even been interposed in this matter, but yet the case management order adopted advances the litigation beyond even the preliminary stages to its conclusion.
NOW THEREFORE, based upon the foregoing, the Defendant prays this Honorable court adopt the proposed plan filed by the Defendant in this matter, or in the alternative, modify a case management order to adequately address the issues referenced above declare under penalty of perjury that the foregoing is true and correct
SO ORDERED. 2