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S.D.N.Y.Procedural orderFiled Mar. 22, 2024

United States Securities and Exchange Commission v. Rogas

Judge
Richard Berman
Docket
1:20-cv-07628
Court
U.S. District Court · Southern District of New York
Pages
2
DiscoveryCivil Procedure
In one sentence

In SEC v. Rogas, Judge Berman denied without prejudice a request to extend discovery and set deposition and trial-preparation deadlines.

Who this affects

The Securities and Exchange Commission, defendants Adam P. Rogas and Paul G. Korol, relief defendants NS8 FP, LLC, MVP 2020, LLC, and Rogassi Enterprises, LLC, and the parties’ counsel are affected by the discovery and scheduling directives.

What happened

United States Securities and Exchange Commission v. Rogas concerns a request to extend the discovery deadline in a case involving the Commission, defendants Adam P. Rogas and Paul G. Korol, and three relief defendants.

The court denied without prejudice the joint request for another discovery extension, except that Rogas’s deposition was scheduled for April 24, 2024. Korol’s deposition was scheduled for April 4, 2024, subject to the court’s review of a submission from the Commission. The court also directed the parties to submit a joint pretrial schedule by noon on April 8, 2024, in connection with an early trial date in September 2024.

Judge Richard Berman said the remaining issues appeared relatively straightforward and that the court wanted to conclude the case fairly, efficiently, and promptly. This order addressed case scheduling and discovery, not the underlying claims.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
United States Securities and Exchange Commission v. Rogas · No. 1:20-cv-07628
Judge
Richard Berman
Date
Mar. 22, 2024

Background

The court reviewed the case record, including the case-management plan, earlier extensions, prior motions, the amended complaint, and correspondence from counsel. The parties jointly requested another extension of the discovery deadline, which was then set for April 5, 2024.

Ruling on Discovery

The court denied without prejudice the joint request to further extend discovery. The exception was Rogas’s deposition, which the court directed to occur on April 24, 2024. The court directed that Korol’s deposition occur on April 4, 2024, subject to the court’s review of a submission that the Securities and Exchange Commission was required to file by noon on March 25, 2024.

Further Scheduling

The court noted that the parties’ extension requests did not include an early trial date in September 2024 or a related joint pretrial schedule. It directed the parties to submit the joint pretrial schedule by noon on April 8, 2024.

Effect of the Order

Judge Richard M. Berman stated that the remaining issues appeared relatively straightforward and that the court wanted to conclude the case fairly, efficiently, and promptly. The order is a case-management ruling about discovery, depositions, and trial preparation; it does not decide the merits of the claims.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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