Beyond Bespoke Tailors, Inc. v. Barchiesi
- Vernon Broderick
- 1:20-cv-05482
- U.S. District Court · Southern District of New York
- 2
In Beyond Bespoke Tailors v. Barchiesi, Judge Broderick denied plaintiffs’ motion to strike and allowed a sur-reply on defendants’ transfer motion.
The plaintiffs, who may respond to defendants’ new declaration and exhibits, and the defendants, whose transfer motion remains pending.
What happened
Beyond Bespoke Tailors, Inc. and other plaintiffs opposed defendants’ request to transfer the case to the Western District of Pennsylvania. Defendants’ reply included a declaration and exhibits that plaintiffs asked the court to strike.
The court found that the new materials raised issues relevant to the transfer request, including a forum-selection clause in agreements involving Worksite Capital Partners, LP and plaintiff Nick Torres. Rather than exclude the materials, the court gave plaintiffs an opportunity to respond.
Judge Broderick ordered plaintiffs to file a sur-reply of no more than ten pages by June 15, 2021, and allowed them to submit a knowledgeable person’s declaration. He denied plaintiffs’ motion to strike; the order did not decide the transfer motion.
The detailed version
- Beyond Bespoke Tailors, Inc. v. Barchiesi · No. 1:20-cv-05482
- Vernon Broderick
- June 2, 2021
Background
Defendants filed a partial motion to dismiss and asked to transfer the action to the Western District of Pennsylvania. Their reply included a declaration and several exhibits. Plaintiffs filed a motion to strike those materials, arguing that the reply raised new issues.
Court’s Analysis
The court concluded that the exhibits raised new issues relevant to defendants’ request to transfer the case under 28 U.S.C. § 1404(a). In particular, the court identified a forum-selection clause in the Subscription Agreement and Power of Attorney between Worksite Capital Partners, LP and plaintiff Nick Torres. Because the court was allowing plaintiffs to address the new evidence, it found that striking the declaration and exhibits was unnecessary.
Ruling
The court ordered plaintiffs to file a sur-reply of no more than ten pages by June 15, 2021. It also permitted plaintiffs to submit a declaration from an individual with knowledge of the issues raised by the new materials. Judge Vernon S. Broderick denied plaintiffs’ motion to strike. The order did not rule on defendants’ partial motion to dismiss or motion to transfer.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.