Konfidan v. Immotor, LLC
- Vyskocil
- 1:20-cv-01524
- U.S. District Court · Southern District of New York
- 2
In Konfidan v. Immotor, LLC, Judge Vyskocil set deadlines for service, pleadings, counsel, discovery, and settlement proceedings.
Plaintiff Lari Konfidan, Immotor, LLC, SZ Immotor Technology Co., Ltd., ShenZhen Yimada Technology Co. Ltd., and the parties’ counsel were affected by the deadlines and requirements. The order also involved Magistrate Judge Netburn’s future settlement-conference referral.
What happened
In Konfidan v. Immotor, LLC, the court held a status conference and ordered Plaintiff Lari Konfidan to serve two defendants and file proof of service by March 25, 2021. The court warned that failing to do so could lead to dismissal of the claims against those defendants for failure to prosecute and follow court orders.
The court also required Plaintiff to amend the complaint, or file a letter confirming the existing allegations, to correctly state the basis for diversity jurisdiction involving Immotor, LLC. Immotor had to meet the deadline for any motion to substitute counsel and provide written responses and located documents for outstanding discovery. Plaintiff’s deposition was due by April 9, 2021, and the court extended fact and expert discovery deadlines.
Judge Vyskocil ordered these case-management steps, directed that a separate order would refer the case to Magistrate Judge Netburn for a settlement conference, and directed the Clerk to terminate the pending letter motion. The order did not decide the parties’ underlying claims.
The detailed version
- Konfidan v. Immotor, LLC · No. 1:20-cv-01524
- Vyskocil
- Mar. 11, 2021
Background
On March 11, 2021, the court held a status conference and issued several orders. The case is brought by Lari Konfidan against Immotor, LLC and other defendants.
Orders concerning service and pleadings
The court ordered Plaintiff to serve SZ Immotor Technology Co., Ltd. and ShenZhen Yimada Technology Co. Ltd. by March 25, 2021, and to file proof of service on the court’s electronic filing system. The court warned Plaintiff and Plaintiff’s counsel that failing to file proof of service by that deadline might result in dismissal of the claims against those defendants for failure to prosecute and comply with court orders. The warning expressly referred to dismissal with prejudice, but the court did not dismiss those claims in this order.
The court also ordered Plaintiff to file an amended complaint by March 25, 2021, correctly alleging diversity jurisdiction as to Immotor, LLC. The court had identified an inconsistency between the complaint and a joint letter concerning Immotor’s residence. It explained that diversity jurisdiction for a limited liability company depends on the citizenship of the company’s members. If Plaintiff believed the current pleading was already correct and complete, Plaintiff could instead file a letter making that representation by the same deadline.
Counsel and discovery orders
The court ordered Immotor to file any motion to substitute counsel by March 25, 2021. It also ordered Immotor to serve written responses to all outstanding discovery demands and produce any documents located by that date. Discovery objections not included in those written responses by the deadline would be deemed waived.
Plaintiff’s deposition was required to be completed by April 9, 2021. The court extended the fact-discovery deadline to June 15, 2021, and the expert-discovery deadline to August 15, 2021. The court stated that the parties should not expect further extensions of those deadlines.
Disposition
Judge Mary Kay Vyskocil ordered the service, pleading, counsel, and discovery requirements described above. The court stated that it would issue a separate order referring the case to Magistrate Judge Netburn for a settlement conference after March 25, 2021. The Clerk was directed to terminate the letter motion pending at docket entry 43. This order was a case-management and discovery order; it did not resolve the merits of the claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.