Khwaja v. Jobs to Move America et al

Filing 95

ORDER denying 89 Letter Motion for Extension of Time; denying 89 Letter Motion to Compel. Following a telephone conference with the parties today, and for the reasons stated on the record, it is hereby ORDERED, as follows: 1. Because Pl aintiff's attorney of record, Louis Johnson Jr. ("Johnson"), failed to appear at the telephone conference, no later than May 20, 2022, Johnson shall show cause as to why the Court should not report Johnson to the Grievance Committee for failing to appear for the scheduled court conference and for failing to communicate with his client. 2. With respect to Item 1 of Plaintiff's letter motion, Plaintiff's motion for leave to take depositions of attorneys employed by the law firm representing Defendants is DENIED. Plaintiff has not made the requisite showing to take the depositions of opposing counsel. See In re Subpoena Issued to Dennis Freedman, 350 F.3d 65, 68, 72 (2d Cir. 2003). 3. With respect to Ite m 2 of Plaintiff's letter motion, Plaintiff' s motion that the Court compel production of documents is DENIED. Plaintiff has not identified a document request served upon Defendants for the information sought, let alone met and conferred with opposing counsel regarding any such document request. 4. With respect to Item 3 of Plaintiff's letter motion, Plaintiff's motion for leave to take third-party depositions of Sophia Reuss and Lorelie Christie is DENIED as premature . Plaintiff indicated that he has not been able to locate these individuals. If Plaintiff is able to locate these individuals and, after meeting and conferring with Defendants, Defendants do not consent to Plaintiff taking depositions of Reuss and/or Christie, he may make an appropriate application to the Court. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 5/6/2022) (kv)

Case 1:19-cv-07070-JPC-SDA Document 95 Filed 05/06/22 Page 1 of 2

Omer W. Khwaja
Admitted in NY & NJ
Southern District of New York
District of New Jersey
New York/New Jersey State Bar
Murtaza Khwaja
Admitted in GA Northern
District of Georgia
Georgia State Bar

05/06/2022
April 22, 2022
District Judge Hon. John P. Cronan
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-1312

LETTER RE: Request to Extend Discovery in KHWAJA v. JOBS MOVE TO
AMERICA, et al., Case No. 19-cv-7070
\
Dear Judge Cronan:
Plaintiff in the above matter respectfully requests that the Court extend Discovery
by one (1) month and to compel Defendants to expeditiously resolve the pending
discovery issues described below. Please accept this letter motion in lieu of a formal
motion.
Plaintiff is now appearing pro se in this matter.
Owing to unavailability and/or unresponsiveness of Counsel, Plaintiff has been unable
to address a number of discovery issues including the following:
1. Plaintiff timely requested availability of three witnesses to be deposed from the law
firm representing Defendants in this matter. No dates were provided despite
numerous requests. Plaintiff’s Counsel subsequently became unavailable on
account of some personal issues. Plaintiff now seeks leave to depose these
individuals and requests that the Court grant Plaintiff leave to conduct these
depositions out of time.
2. Defendants have failed to provide information relevant to Plaintiff’s work
performance located in Defendants’ company drive as well email communication
between Defendants’ employee and third parties tending to support Plaintiff’s
claims of discrimination. Plaintiff hereby requests the Court’s intercession in
compelling Defendants’ to produce this material and to grant an extension of one
month to provide ample time to ensure that these documents are produced.
3. Plaintiff requests additional time to conduct third-party depositions.
Plaintiff seeks the below extension in good faith and the events leading to the need for
extension were outside Plaintiff’s control. Defendants will not be prejudiced through an
extension, not will an extension inconvenience this Court as the Court’s Joint Discovery
Plan provides that the parties may seek to schedule additional discovery, so long as it is

Case 1:19-cv-07070-JPC-SDA Document 95 Filed 05/06/22 Page 2 of 2