Javelin Global Commodities (UK) Ltd. v. Booth, No. 1:2020cv07550 - Document 50 (S.D.N.Y. 2022)

Court Description: ORDER DENYING PLAINTIFF'S PRE-DISCOVERY MOTION FOR SUMMARY JUDGMENT re: 38 MOTION for Summary Judgment . filed by Javelin Global Commodities (UK) Ltd.. For the reasons discussed above, Plaintiffs motion for summary judgment is DENIED without prejudice. Because of the inordinate delay in the prosecution of this lawsuit occasioned by Booth's longstanding failure to appear, the court is not prepared to tolerate any further delay. Booth has until June 17, 2022, to file any discove1y requests he wishes to file - including noticing depositions and requesting documents from both Javelin and Cambrian. He is aware of who the principals are at Cambrian and so knows whose deposition to notice. There will be no extension of this deadline: all of Booth's discove1y requests must be served on counsel for Plaintiff and filed on ECF by the close of business on June 17, or he will be precluded from taking discovery. All discovery in this case must be concluded by Sept ember 16, 2022. I do not imagine that Javelin really needs discovery; it has the guaranty; it knows the identity of the guarantor; and it has whatever evidence it has in its books and records to justify the debt. I would not be surprised to see a ren ewed motion for summary judgment, with admissible evidence, once discove1y closes. It must be filed by October 14, 2022. Given the specificity of the Guaranty and the fact that Booth does not deny signing it, I am not going to require the filing of a Joint Pre-Trial Order if such a motion is made. This constitutes the decision and order of the Court. It is a written opinion. The Clerk of Court is respectfully directed to terminate the motion at docket number 38. (Signed by Judge Colleen McMahon on 5/2/2022) BY ECF TO ALL COUNSEL (kv)