BTW... I am not at home so I'll get y'all the details later...
But there is a new item on the docket.
"Defendant's MOTION to Continue Trial Term from January 23, 2017 to July 24, 2017 or Such Other Date as the Court Deems Appropriate re 22 Order Reopening Case, Scheduling Order, Order Referring Case to Judge,,, by Donald Cowan, Cowan, Gunteski & Co., P.A., William Mylar. Responses due by 10/14/2016 (Attachments: # 1 Exhibit Herzog Affidavit, # 2 Text of Proposed Order)(Cole, Andrew) "
Here is a snippet...
"16. Defendants were led to believe that Plaintiff had agreed to transfer this case, thereby mooting the Motion to Dismiss or the need to proceed with discovery in this court. On August 17, 2016, Plaintiff’s counsel emailed his legal assistant, copying Defendants’ counsel, instructing her to file the consent order containing Defendants’ revisions thereby transferring venue to the United States District Court for the District of New Jersey, where the Defendants reside and where the operative acts and omissions are alleged to have occurred.
17. Shortly after his August 17, 2016 email confirming the agreement to transfer venue, matters began to devolve as Plaintiff’s counsel attached additional conditions to the transfer.
18. After August 17, 2016, the parties continued to discuss the transfer, however by August 23, 2016, Plaintiff’s counsel had gone silent with respect to the transfer.
19. As of August 23, 2016, Defendants had not commenced discovery, in part in reliance on the impending agreed transfer, and in part out of concern that doing so could be deemed a waiver of Defendants’ challenges to personal jurisdiction and venue asserted in the Motion to Dismiss.... "
"23. The foregoing deadlines, set at the initial substantive conference and while motions contesting both personal jurisdiction and venue remain pending, preclude the conducting of appropriate discovery. Federal Rules of Civil Procedure 33 and 34 give the responding party 30 days to respond to interrogatories and/or requests for production. Even if Defendants had served these discovery requests by hand delivery immediately after the September 8, 2016, hearing, they would not have been due until October 8, 2016, after the discovery cutoff....."
I'll get the whole doc up later
:)
