US court rejects Ude’s claim against Wabote

US court rejects Ude’s claim against Wabote
The United States District Court, Eastern District of Pennsylvania, has for the third time in a month ruled against Jackon Ude, publisher of in a case involving motions by both himself and Simbi Wabote, executive secretary of the Nigerian Content Development Board, NCDMB, put it against each other.

Although the court denied and dismissed Ude’s motion, it granted the relief sought by Wabote.

The latest development on Wednesday January 5 is that the US court quashed subpoenas issued by Ude to five banks, including three from Nigeria, to provide Wabote’s bank details.

While denying his motion in one of the hearings, the court ordered Ude to enter into a protective order before Wabote was required to disclose banking or other personal and sensitive information. He gave Ude a December 22, 2021 deadline for completion of fact-finding in the initial scheduling order and for filing irrevocable motions by January 4, 2022, while all other deadlines remain in full. in force.

In addition, on January 5, 2022, the court, while rejecting “Ude’s request in its entirety” for the second time, considered it “in conclusive and boilerplate language: insufficient process; insufficient procedural service; and non-adherence to a party under Article 19. Ude’s motion no longer mentions these defences. These defenses are also not mentioned in Ude’s answer. Accordingly, the court concludes that these defenses are “[t]useless arguments left undeveloped [and they] are also deemed to have been waived. (to see the details click on the link)

The final court order against the publisher of was issued by Joseph F. Leeson, Jr., United States District Judge, Eastern District of Pennsylvania, “on January 12, 2022, after consideration of plaintiff’s brief , see ECF n° 81 and 84, response-letter from the defendant, see ECF n° 85, and after a conference call held on that date1, during which the two parties presented their arguments.

Ude, contrary to what the court ordered him to do, went beyond his mandate by subpoenaing the directors of five banks seeking records after the expiry of the deadline.

Following this, Michael D. Cilento, Wabote’s attorney, petitioned the court for an order quashing and dismissing Ude’s subpoenas as they were served too late in the case outside of the deadline. of discovery.

Judge Leeson, Jr. agreed with Wabote’s attorney and issued an order on Wednesday, Jan. 12, quashing Ude’s subpoenas.

In the one-page document, Judge Leeson noted that “attorney Michael D. Cilento, Esq. participated on behalf of the plaintiff (Wabote) and attorneys Benneth Onyema Amadi, Esq. and Obinna I. Abara, Esq. participated on behalf of the defendant (Ude).

“The Court quashes these subpoenas because they were issued after the fact-finding deadline. See ECF No. 59. Contrary to the Respondent’s argument, the Court’s Order of December 21, 2021, ECF No. 74, granted the Respondent an additional 30 days to testify Mr. Wabote only. Unless expressly stated otherwise by the Court in a subsequent order, the deadline for any discovery of facts expired on December 22, 2021. See id.

In addition, the judge granted Plaintiff’s (Wabote) request to quash Respondent’s (Ude) subpoenas, ECF Nos. 81 and 84.

It ruled that: “All subpoenas issued by the defendant after December 22, 2021 are null and void.”


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