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Contract: Other | New Jersey
Order
TEXT ORDER: The Court has reviewed Plaintiff's August 14, 2026 letter [D.E. 57] and Defendant's August 18, 2026 response [D.E. 58]. The Court is unclear at this time as to the basis for Plaintiff's motion for sanctions. First, Plaintiff's counsel himself acknowledges failing to satisfy the meet-and-confer requirements of Local Civil Rule 37.1. Second, the record suggests that Defendants have consistently maintained that they never signed nor otherwise entered into such an agreement with Plaintiff. In fact, both of the Defendants' motions to dismiss made that very argument, and appended the unsigned and undated agreement. See, e.g., Defts.' Motion to Dismiss, Nov. 14, 2025, D.E. 37-1, at 9 ("Summit did not sign the Purported Contract."). The version of the agreement on which Plaintiff relies in his August 14, 2026 letter appears to be nearly identical, other than that Defendants' version attached to their motions did not include some portions of sections G and H. Therefore, Plaintiff has not identified the specific deprivation or withholding of discovery that has caused him material prejudice. Further, Defendants represent that had the meet and confer taken place, Defendants would have explained that the document in question was discovered as Defendants completed an ESI search performed at Plaintiff's Counsel's request. See Rule 26(e)(1) (allowing for supplementation of discovery). As such, the Court strains to see a Rule 37(c) violation or a basis for sanctions under 28 U.S.C. section 1927. Accordingly, Plaintiff's request to file a motion is denied without prejudice. The parties will conduct a meet-and-confer as Rule 37 requires, and will be prepared to update the Court on the status of the issue at the September 14th conference. So Ordered by Magistrate Judge Michael A. Hammer on 8/19/2026. (Hammer, Michael)
Letter
Letter from David B. Lichtenberg, Esq. re 57 Letter. (LICHTENBERG, DAVID)
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