Advanced Knowledge Tech LLC v. Fleitas

Nature of the Filing

The provided text is a December 7, 2022 letter from counsel for Defendant Marcello Fleitas to Judge Kevin P. Castel. It asks the court to compel Plaintiff Advanced Knowledge Tech, LLC to produce documents and to extend the fact-discovery deadline by 60 days. The text does not include a court opinion or order deciding the request.

Background and Parties’ Positions

The filing describes an action involving alleged invoices between Advanced Knowledge Tech, LLC and Ubergig LLC, a company formerly managed by Fleitas. It states that Ubergig provided human-resources services, including job placements and the deployment of professionals as subcontractors, and that Ubergig went bankrupt. Fleitas disputes the claims and argues that the plaintiff is attempting to hold him responsible for obligations involving Ubergig.

According to Fleitas’s letter, Advanced Knowledge Tech alleges that Fleitas made false or misleading statements that induced the plaintiff to enter a contract with Ubergig and continue performing services. The letter says the plaintiff also alleges that Fleitas intended to induce reliance on those statements. Fleitas’s filing argues that the plaintiff’s discovery responses were deficient and that key documents had not been produced.

Discovery Requests at Issue

Fleitas asks the court to require production of documents and communications concerning, among other things:

- Services allegedly provided by Advanced Knowledge Tech and communications with third parties; - The plaintiff’s alleged reliance on statements, the truth or falsity of those statements, and Fleitas’s alleged knowledge or intent; - Attempts to mitigate alleged damages and internal communications about the claims; - Payments to and communications with Sohail Siddique; - Whether Ubergig had a preconceived intention not to perform or pay; - Communications about unpaid invoices, payment discussions, and whether services continued despite nonpayment; and - The plaintiff’s claimed out-of-pocket expenses.

The letter states that Fleitas served a first set of document demands on or about May 31, 2022, received the plaintiff’s responses on or about July 28, 2022, and served a second set of demands on or about September 6, 2022. It further states that Fleitas sent two deficiency letters and that the plaintiff continued to refuse, in Fleitas’s view, to provide a full production.

Requested Discovery Extension

The filing states that fact discovery was scheduled to end on December 30, 2022, with a conference scheduled for January 20, 2023. Fleitas requested a 60-day extension, asserting that the plaintiff’s alleged failure to provide documents prevented Fleitas from taking the plaintiff’s deposition and conducting additional discovery after that deposition.

Disposition

The provided materials do not state whether Judge Kevin P. Castel granted, denied, or otherwise decided the letter motion. No ruling on the discovery requests or the requested extension appears in the text.