SCARPONE & VARGO LLC

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August 5, 2011

Via ECF and First Class Mail

Honorable Magistrate Judge Joseph A. Dickson

U.S.D.C. for the District of New Jersey

Martin Luther King Jr. Federal Building & U.S. Courthouse

50 Walnut Street

Newark, New Jersey 07101

Re: Dahi v. Refrigerated Holdings, Inc., et al.

    Case No.:  10‐CV‐6297‐SDW‐MCA

Dear Magistrate Judge Dickson:

This law firm represents the RHI Defendants1 in this matter.  I write in response to an

August 4, 2011 letter from Plaintiff Elaine Dahi to Judge Cecchi requesting an adjournment of

the in‐person conference scheduled before Your Honor.  Mrs. Dahi’s eleventh‐hour letter and

accompanying email are attached for the Court’s benefit.

Mrs. Dahi begins her letter admitting the Plaintiffs have failed to meet their obligations

to litigate this matter in a diligent manner.  (In fact, other than filing the complaint and two

amendments thereto, the Plaintiffs have missed every deadline required of them – multiple

times.  See DE 27.)  Mrs. Dahi concedes that “[a]ll motions and other efforts would, accordingly,

be futile and in vain” but then “move[s]” for an adjournment of the scheduled conference to

permit the plaintiffs to file motions by August 12.  Apparently these motions will somehow

justify the outrageous accusation Mrs. Dahi made toward my client, Peter Lamm, yet will not

address the RHI Defendants’ unopposed motion that has been pending since mid‐April.

The RHI Defendants object to any delay of this in‐person conference as well to any

further delays by the Plaintiffs regarding the long pending RHI motion.  These pro se Plaintiffs

have extensive litigation experience in the federal courts; they are well aware of their

obligations in a matter they brought yet consistently and unjustifiably disregard them.

 

1 Defendants Refrigerated Holdings, Inc., Gemini Traffic Sales, Inc., East Coast Warehouse &

Distribution Corporation, Daniel Sokolowski, Rob Adams, John Biblis, Tracy Stone, Fenway

Partners LLP, Peter Lamm, and Richard Dresdale.

Case 2:10-cv-06297-CCC -JAD Document 28 Filed 08/05/11 Page 1 of 4 PageID: 310
SCARPONE & VARGO LLC 

Hon. Joseph A. Dickson 

August 5, 2011 

Page 2 

Moreover, Mrs. Dahi’s claimed lack of access to an automobile is insufficient to justify

an adjournment.  There are multiple transportation alternatives available to Mrs. Dahi,

including both bus and train, which travel near her location and which would deposit her at

Newark Penn Station, located only a few short blocks away from Court.

For all the above reasons, the Court should deny Plaintiffs’ request for an adjournment.

   

Respectfully submitted,

       

      By: /s/ Bruce D. Vargo   

       BRUCE D. VARGO, ESQ.

BDV:kai

cc: Honorable Claire C. Cecchi (via first class mail)

Catherine M. Aiello, Esq. (via email)

Mr. Hoss Dahi (via ECF, email and first class mail)

Ms. Elaine Dahi (via ECF, email and first class mail)

All Counsel of Record (via ECF)

Case 2:10-cv-06297-CCC -JAD Document 28 Filed 08/05/11 Page 2 of 4 PageID: 311
Case 2:10-cv-06297-CCC -JAD Document 28 Filed 08/05/11 Page 3 of 4 PageID: 312
Case 2:10-cv-06297-CCC -JAD Document 28 Filed 08/05/11 Page 4 of 4 PageID: 313