eShares, Inc. v. Talton, III

Background

Talton’s counsel asked the court to postpone the initial pretrial conference scheduled for October 12, 2023. Counsel cited a prior travel commitment and argued that the conference was premature because Talton’s partial motion to dismiss and motion to strike were pending, Talton had not yet responded to some of Carta’s claims, and Talton had not yet fully presented his own claims and defenses.

Talton’s counsel also argued that the parties could not meaningfully plan discovery until the claims and defenses were more fully established. The letter stated that Talton had filed a charge with the Equal Employment Opportunity Commission and intended to bring employment-related claims against Carta, including claims under Title VII, the California Fair Employment and Housing Act, the New York State Human Rights Law, and the New York City Human Rights Law.

The Court’s Ruling

Judge Jessica G. L. Clarke adjourned the initial pretrial conference to November 6, 2023, at 10:00 a.m. The court stated that filing a motion to dismiss does not automatically stay discovery and that it saw no reason to stay discovery at that time, particularly because the defendant had filed only a partial motion to dismiss.

The court directed the parties to confer under Federal Rule of Civil Procedure 26(f) and required them to submit a revised joint proposed case-management plan and status letter by October 30, 2023. The order addressed the scheduling and discovery process; it did not decide Talton’s pending motions or the parties’ underlying claims.