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Fagan v. MR. Sandless Franchise

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


October 10, 2008

THOMAS J. FAGAN PLAINTIFF,
v.
MR. SANDLESS FRANCHISE, LLC DEFENDANT.

The opinion of the court was delivered by: Patty Shwartz United States Magistrate Judge

ORDER ON INFORMAL APPLICATION

This matter having come before the Court by way of letters dated October 2, 2008 and October 7, 2008, regarding the plaintiff's request to conduct additional discovery and to convene a hearing concerning statements he alleges have been made concerning a decision on the motion to dismiss; and the Court having considered the submissions and the record of proceedings; and the Court having permitted limited discovery related to subject matter jurisdiction; and the Court having permitted no other discovery to proceed; and there being no reason for the Court to allow for the deposition of Mr. Prasalowicz to be reopened as dissatisfaction with his responses, or a belief he made false statements as challenges to his credibility can be presented through evidence from other sources, such as an affidavit of plaintiff or Mr. Kolb; and the Court having already considered the request for permission to conduct additional discovery; and the Court having been presented with no new facts that warrant reconsideration of its decision to preclude additional discovery for the purpose of addressing the motion to dismiss; and nothing herein precluding additional discovery if the motion to dismiss is denied; and nothing herein precluding the plaintiff from interviewing witnesses who are not represented by counsel; and nothing herein precluding the plaintiff from interviewing witnesses who are represented by counsel so long as he contacts the witness' counsel to arrange an interview; and there being no reason to convene a hearing concerning any alleged ex-parte contact as no such contact has occurred and the Court has made no representations concerning the outcome of any motion;

IT IS ON THIS 10th day of October, 2008

ORDERED that the request to reopen the deposition of Mr. Prasalowicz is denied;

IT IS FURTHER ORDERED that the request to convene a hearing concerning the truthfulness of Mr. Prasalowicz's statements is denied without prejudice to the presentation of evidence to show that he made knowingly false statements if such a deposition is used in supporting the motion to dismiss;

IT IS FURTHER ORDERED that the request to depose Messrs. Kolb and James are denied without prejudice to convening their depositions if the motion to dismiss is denied;

IT IS FURTHER ORDERED that nothing herein precludes the plaintiff from interviewing witnesses. If a witness is represented by counsel, then he must connect the witness' counsel to arrange for an interview; and

IT IS FURTHER ORDERED that the request to convene a hearing to determine whether or not individuals associated with the defendants have made statements concerning the ruling on the motion to dismiss is denied.

20081010

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