Joffe v. King & Spalding LLP

Background

Plaintiff David A. Joffe, proceeding without a lawyer, asked the court to stay, or pause, the period for completing two depositions. The depositions concerned third-party witnesses Meredith Moss and David M. Fine. A June 4, 2020 order had addressed subpoenas served on those witnesses and directed that their depositions be conducted remotely. The scheduling order set July 15, 2020, as the deadline for completing the remaining depositions.

Joffe had also moved for reconsideration of the June 4 order and requested a hearing concerning judicial notice under Federal Rule of Evidence 201(e). He sought to pause the deposition period while the court considered that motion. He argued that the request met Federal Rule of Civil Procedure 16(b)(4)’s good-cause standard, that he had been diligent, and that a pause would not delay trial scheduling.

Parties’ Positions

Joffe argued that the court should address his asserted subject-matter-jurisdiction and evidence-related issues before the June 4 order fully took effect. He also proposed completing the depositions during the 26 days remaining between the request and the July 15 deadline after the court ruled on reconsideration.

King & Spalding LLP, Moss, and Fine opposed any further adjournment. They stated that the court had already directed the depositions to proceed remotely and that the depositions had been scheduled for the week of July 13, 2020. They argued that Joffe’s reconsideration motion lacked merit, raised a new jurisdictional argument, and did not justify delaying the depositions.

Ruling

The court denied the motion to stay. The order did not decide the pending motion for reconsideration; instead, the court stated that it anticipated ruling on that motion in short order. Judge Valerie Caproni signed the order on June 23, 2020.