Berley v. Hesse et al

Filing 16

ORDER On February 1, 2024, Plaintiff filed his Second Amended Complaint ("SAC") (ECF 14). The filing of the SAC was neither authorized nor contemplated by the existing scheduling order. (See ECF 13.) Accordingly, I am scheduling this act ion for a telephonic status conference on Wednesday, February 7, 2024 at 9:30 AM. Counsel for the parties are directed to call my Microsoft Teams conference line at the scheduled time. Please dial [phone], Access Code: 940 267 234 #. Plainti ff should be prepared to discuss its basis under the Federal Rules for filing its SAC; Defendants should be prepared to discuss their position on the filing of the SAC, and their intended response to that pleading if the Court permits its filing. SO ORDERED. (Telephone Conference set for 2/7/2024 at 09:30 AM before Magistrate Judge Robyn F. Tarnofsky.) (Signed by Magistrate Judge Robyn F. Tarnofsky on 2/5/2024) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MARC BERLEY, Individually and Derivatively on
Behalf of Walter & Samuels, Inc.

23-CV-10563 (PAC) (RFT)

Plaintiff,

ORDER

-againstWILLIAM HESSE and LESLIE CROFT,
Defendants.
ROBYN F. TARNOFSKY, United States Magistrate Judge:
On February 1, 2024, Plaintiff filed his Second Amended Complaint (“SAC”) (ECF 14). The filing of
the SAC was neither authorized nor contemplated by the existing scheduling order. (See ECF 13.)
Accordingly, I am scheduling this action for a telephonic status conference on Wednesday, February 7,
2024 at 9:30 AM. Counsel for the parties are directed to call my Microsoft Teams conference line at the
scheduled time. Please dial [phone], Access Code: 940 267 234 #.
Plaintiff should be prepared to discuss its basis under the Federal Rules for filing its SAC;
Defendants should be prepared to discuss their position on the filing of the SAC, and their intended
response to that pleading if the Court permits its filing.

DATED:

New York, New York
February 5, 2024
SO ORDERED.
__________________________
ROBYN F. TARNOFSKY
United States Magistrate Judge