Summary
The court grants pro se Defendant Sean Tu’s motion to compel responses to interrogatories in a putative class action involving alleged unregistered Bitcoin-mining investment contracts. The court finds good cause to permit the three-day delay in serving the interrogatories and concludes that requiring substantive responses will not prejudice Plaintiff. Plaintiff must respond to Interrogatories Nos. 4, 5, 6, 7, and 11 by April 15, 2026.
Holdings
- Good cause existed under Federal Rule of Civil Procedure 16(b)(4) to permit Defendant Tu to pursue interrogatories served three days after the fact-discovery deadline.
- The information sought by Defendant Tu was not rendered irrelevant by the Exchange Act's reliance doctrine or by Tu's alleged personal knowledge, and Plaintiff was required to provide substantive responses.
Questions Presented
- Whether Defendant Tu established good cause under Federal Rule of Civil Procedure 16(b)(4) to modify or reopen the fact-discovery deadline so that his interrogatories served three days late could be enforced.
- Whether the requested interrogatory information was irrelevant because of a presumption of reliance under the Securities Exchange Act of 1934 or because Defendant Tu allegedly already possessed personal knowledge of the information.
Disposition
other
Cases Cited (10)
- McGoveran v. Amazon Web Servs., Inc., No. 1:20-cv-01399-SB, 2024 WL 4533598, at *3 (D. Del. Oct. 18, 2024)(followed)
- Xcoal Energy & Res. v. Bluestone Energy Sales Corp., C.A. No. 18-819-LPS, 2020 WL 5369109, at *6 (D. Del. Sept. 8, 2020)(followed)
- Lehman Bros. Holdings v. Gateway Funding Diversified Mortg. Servs., L.P., 785 F.3d 96, 102 (3d Cir. 2015)(followed)
- Hewlett v. Davis, 844 F.2d 109, 113 (3d Cir. 1988)(followed)
- Dow Chem. Canada Inc. v. HRD Corp., 287 F.R.D. 268, 270 (D. Del. 2012), aff'd, 587 F. App'x 741 (3d Cir. 2014)(followed)
- Cyrus v. Hogsten, No. 3:06-CV-02265, 2007 WL 88745, at *6 (M.D. Pa. Jan. 9, 2007)(followed)
- Erickson v. Pardus, 551 U.S. 89, 94 (2007)(followed)
- Cordance Corp. v. Amazon.com, Inc., 255 F.R.D. 366, 371 (D. Del. 2009)(followed)
- Affiliated Ute Citizens of Utah v. United States, 406 U.S. 128, 155 (1972)(distinguished)
- United States v. Article of Drug Consisting of 30 Individually Cartoned Jars, More or Less, Labeled in Part: "Ahead Hair Restorer for New Hair Growth," 43 F.R.D. 181, 189 (D. Del. 1967)(followed)
Cited In (0)
No citing cases on record yet.
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