Opinion
No. 03 Civ. 7758 (DFE).
March 8, 2005
OPINION AND ORDER
Plaintiff Robert Diaz Associates Enterprises, Inc. alleges that, in August 2003, the defendants wrongfully (a) changed the password for plaintiff's account at a company named Interland, Inc., and (b) hacked into Interland's computer servers and copied plaintiff's work product and trade secrets. The complaint also alleges that the defendants are now broadcasting plaintiff's design with the false designation "Site Design By: Castle Studio web design." Plaintiff seeks compensatory damages, punitive damages, and a permanent injunction. It sues under the civil provisions of the Electronic Communications Privacy Act of 1986 ( 18 U.S.C. § 2707) and the Computer Fraud and Abuse Act of 1986 ( 18 U.S.C. § 1030). Also, under New York state law, plaintiff sues for conversion, misappropriation of trade secrets, and breach of contract.
On December 30, 2003, the parties consented to have this case assigned to me for all purposes pursuant to 28 U.S.C. § 636(c). On June 21, 2004, I held a conference with the attorneys and I issued a Scheduling Order. The deadlines have passed for the completion of discovery and for filing any dispositive motion. Paragraph 5 of the Scheduling Order said:
If (and only if) no dispositive motion has been made, the joint pre-trial order, in a format that complies with the trial Judge's individual rules, must be filed by 3/4/05; plaintiff must serve its sections of the pre-trial order by 2/11/05.
On March 8, 2005, my law clerk Michael Tiger telephoned plaintiff's counsel Jay McDaniel. Mr. McDaniel said the parties were close to a settlement, and he requested that I adjourn the deadline for the joint pre-trial order.
I hereby grant the following adjournment. It is extremely unlikely that I will grant any further adjournment, whether for settlement discussions or for any other reason. I direct the plaintiff to serve (but not file) its sections of the pre-trial order by March 29, 2005. If plaintiff fails to comply, then I will probably dismiss the lawsuit for failure to prosecute and for failure to comply with a court order. I direct all parties to cooperate in preparing a single joint pre-trial order, which must be filed by April 11, 2005, and must comply with my Instructions for Pretrial Order (copy enclosed by mail only). If, by April 11, the parties have filed neither a joint pre-trial order nor a stipulation of discontinuance, then I may impose monetary and other sanctions on any or all parties.