United Realty Advisors, LP et al v. Verschleiser et al

Filing 539

ORDER re: (534 in 1:14-cv-05903-BAF) Letter, filed by Raul Del Forno; (538 in 1:14-cv-05903-BAF) Letter, filed by Eli Verschleiser. Accordingly, IT IS ORDERED that defendants' motions to adjourn trial (ECF Nos. 534, 538) are denied. (Signed by Judge Bernard A. Friedman on 6/7/2022) (va)

Case 1:14-cv-05903-BAF Document 539 Filed 06/07/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED REALTY ADVISORS, LP, et al.,
Plaintiffs,

Civil Action No. 14-CV-5903
Civil Action No. 14-CV-8084

vs.
HON. BERNARD A. FRIEDMAN
ELI VERSCHLEISER, et al.,
Defendants.
____________________________________/
ORDER DENYING DEFENDANTS’ MOTIONS TO ADJOURN TRIAL
This matter is presently before the Court on letters filed by two pro se defendants –
one filed by defendant Raul Delforno on June 2, 2022 (ECF No. 534), and the other filed by
defendant Eli Verschleiser on June 3, 2022 (ECF No. 538). The Court shall interpret both letters
as motions to adjourn trial.
This case is set for trial on June 13, 2022. In his letter, Delforno states that he was
only recently made aware of the trial date. (ECF No. 534, Page 1). He adds that his “wife just gave
birth to a healthy baby” and that he cannot leave his home in Florida to attend a trial in New York
at this time. (Id.). In Verschleiser’s letter, he asserts that he has “been trying to persuade [his]
previous attorney to come back into the case to help [him] navigate the upcoming trial,” but explains
that the attorney’s grandmother recently passed away and he therefore cannot represent Verschleiser
at trial. (ECF No. 538, Page 1). Verschleiser adds that he has reached out to “numerous” other
attorneys, but to no avail. (Id.). He consequently requests a thirty-day extension so that he “can find
the counsel for this trial and properly defend [him]self.” (Id.)

Case 1:14-cv-05903-BAF Document 539 Filed 06/07/22 Page 2 of 2

The Court entered a trial notice advising the parties of their June 2022 trial date on
April 7, 2022 (ECF Nos. 422, 427),1 shortly after the trial date was assigned by the Judicial Services
Department within the Southern District of New York. Further, as noted in the proposed joint
pretrial order, the substance of plaintiffs’ claims has remained constant over the past four-plus years.
(ECF No. 431, Page 1-2) (stating that the latest proposed joint pretrial order merely updated the
order submitted on May 1, 2018, and that section IV “Summary of Plaintiffs’ Claims” “remains
unchanged (save an occasional correction of a typographical error)”). This case has been ongoing
for nearly eight years and trial has already been adjourned three times. Delforno and Verschleiser
have had ample notice and time to prepare for these proceedings and to retain counsel, if they so
desired. Under the circumstances, Delforno and Verschleiser have failed to show good cause for
further delaying resolution of case. See Fed. R. Civ. P. 16(b)(4). Accordingly,

IT IS ORDERED that defendants’ motions to adjourn trial (ECF Nos. 534, 538) are
denied.
s/Bernard A. Friedman
BERNARD A. FRIEDMAN
SENIOR UNITED STATES DISTRICT JUDGE
SITTING BY SPECIAL DESIGNATION
Dated: June 7, 2022
Detroit, Michigan

1

The Court entered an amended trial notice on April 29, 2022, moving the trial start date
from June 16 to June 13, 2022. (ECF Nos. 422, 427).
2