Securities And Exchange Commission v. Torchia et al

Filing 290

ORDER. The Commission and Mr. Torchia shall, on or before December 21, 2016, submit to the Court a discovery plan detailing the remaining discovery the parties seek, including the dates by which each category of remaining discovery will be due. All remaining discovery is required to be completed on or before February 3, 2017. Mr. Torchia shall make himself available to be deposed by the Commission on or before January 6, 2017. Mr. Torchia's Motion to Stay Proceedings 272 is DENIED. Signed by Judge William S. Duffey, Jr on 12/15/2016. (bgt)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.

1:15-cv-3904-WSD

JAMES A. TORCHIA, CREDIT
NATION CAPITAL, LLC, CREDIT
NATION ACCEPTANCE, LLC,
CREDIT NATION AUTO SALES,
LLC, AMERICAN MOTOR
CREDIT, LLC, and SPAGHETTI
JUNCTION, LLC,
Defendants.

OPINION AND ORDER
This matter is before the Court on Defendant James A. Torchia’s Motion to
Stay Proceedings [272]. Also before the Court is the Securities and Exchange
Commission’s (“Commission”) email of December 13, 2016, detailing a dispute
with regards to their attempted depositions of Mr. Torchia.
I.

BACKGROUND
On September 30, 2016, the Commission filed a notice of deposition for

Mr. Torchia. The deposition was scheduled for November 22, 2016. On
November 10, 2016, the Court issued an Order [266] granting James M. Johnson,

Sherri L. Buda and Knight Johnson, LLC’s Motion to Withdraw as Counsel of
Record for Mr. Torchia. On November 15, 2016, Mr. Torchia informed the
Commission that he was not aware of his deposition scheduled for November 22,
2016, and that he could not be available that day. The deposition was rescheduled
for December 8, 2016.
On November 23, 2016, Mr. Torchia filed his Motion to Stay, seeking a
two-month extension of the discovery period in this action because he “need[s]
time to engage another competent law firm who can take the case.” (Mot. To Stay
at 2). He states that he “do[es] not think it would be wise to attend [his] deposition
without an attorney.” (Id. at 3).
On December 7, 2016, Mr. Torchia sent an email to the Commission stating
that he would not appear for his scheduled deposition because he was not
represented by counsel. The Commission informed Mr. Torchia that it was not
releasing Mr. Torchia from the notice of deposition and that Mr. Torchia was
required to attend. Mr. Torchia did not appear for his deposition. On
December 13, 2016, the Commission sent an email to the Court requesting an order
compelling Mr. Torchia to appear for a deposition. The discovery period in this
action closes on December 30, 2016.

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On December 13, 2016, the Court issued its Order [286] (“December 13th
Order”) requiring Mr. Torchia to advise the Court, before 5:00 p.m. on
December 15, 2016, whether he has retained counsel and, if he has, to have his
counsel file a notice of appearance in this action. The Court sent the December
13th Order to Mr. Torchia by email. Mr. Torchia replied that his difficulty in
retaining counsel “is that time is running out [in the discovery period] so they don’t
want to get in along with the fees.” The Court stated to Mr. Torchia that, should
counsel make an appearance on his behalf, the Court will entertain an extension of
discovery to allow discovery the Court considers necessary for the permanent
injunction hearing.
On December 15, 2016, Mr. Torchia advised the Court that he has retained
counsel. The same day, Jason Doss with the Doss Firm in Marietta, Georgia, filed
his notice of appearance on Mr. Torchia’s behalf. ([289]).
II.

DISCUSSION
The Court requires the Commission and Mr. Torchia to submit to the Court,

on or before December 21, 2016, a discovery plan detailing the remaining
discovery the parties seek, including the dates by which each category of
remaining discovery will be due. In view of Mr. Torchia’s retention of counsel, all
remaining discovery is required to be completed on or before February 3, 2017.

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Mr. Torchia shall make himself available to be deposed by the Commission on or
before January 6, 2017.
III.

CONCLUSION
For the foregoing reasons,
IT IS HEREBY ORDERED that the Commission and Mr. Torchia shall,

on or before December 21, 2016, submit to the Court a discovery plan detailing the
remaining discovery the parties seek, including the dates by which each category
of remaining discovery will be due. All remaining discovery is required to be
completed on or before February 3, 2017. Mr. Torchia shall make himself
available to be deposed by the Commission on or before January 6, 2017.
IT IS FURTHER ORDERED that Mr. Torchia’s Motion to Stay
Proceedings [272] is DENIED.

SO ORDERED this 15th day of December, 2016.

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