U.S. District Court, WDNY – Dismissal of Complaint: Apace Communications v. Burke

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U.S. District Court, WDNY – Dismissal of Complaint – Noncompliance

Apace Communications v. Burke

07-cv-6151L

Judge Larimer

Background: The complaint alleged that 13 defendants participated in a plan to fraudulently induce plaintiffs to invest millions of dollars in a company. After discovery, many of the defendants were dismissed from the action. After summary judgment was sought by two of the remaining defendants, both of the plaintiffs’ attorneys moved to withdraw as counsel as the plaintiffs had not honored their financial obligations. After the motions were granted, the plaintiffs were ordered to advise the court within 60 days to obtain new counsel in order to respond to the pending motions. They failed to respond and the plaintiffs submitted a one page request for further time.

Ruling: The District Court denied the plaintiffs’ request for an extension of time, as well as the remaining claims. The court noted a pattern of noncompliance with the District Court’s orders. They have not controverted the evidence that they failed to fund the lawsuit. They failed to find new counsel, despite the additional time given them. Moreover, the plaintiffs waited seven months before belated seeking an additional 90 days to seek counsel.

Apace Communications Ltd. and Rakesh Aggarwal, pro se; Laurie A. Giordano, Steven E. Cole and John Cobb Nutter of Leclair Korona Giordano Cole, Jeffrey J. Harradine, Russell I. Zuckerman and Thomas S. D’Zntonio of Ward Greenberg Heller & Reidy, William G. Bauer of Woods Oviatt Gilman, Ronald M. Davids of Davids & Cohen, Mark A. Costello of Boylan Code, William H. Bristol of Empire Beef Co., Richard Glen Curtis of Kaman, Berlove, Marafioti, Jacobstein & Goldman, Philip G. Spellane of Harris Beach, Paul F. Keneally of Underberg & Kessler for the defendants