GLLLP defeats motion to dismiss

On February 11, 2022, United States District Court Judge Vernon S. Broderick denied a motion by Defendant James Barchiesi to dismiss the Complaint filed against him by GLLLP client Beyond Bespoke Tailors.  Judge Broderick also denied Barchiesi’s motion to transfer the case to the United States District Court for the Middle District of Pennsylvania.  In the course of his Opinion and Order, Judge Broderick made the following finding:

I am troubled by the evidence submitted by [GLLLP] supporting their accusation that Barchiesi lied to me concerning his residency. (See generally Pls.’ Sur-Reply.) If I believe Barchiesi that he has been a resident of Pennsylvania for the last 15 years, as he has repeatedly sworn, (see First Barchiesi Decl. ¶ 4; Second Barchiesi Decl. ¶ 2), then it appears that Barchiesi lied to the Honorable Robert D. Mariani in the Middle District of Pennsylvania, when Barchiesi denied, through counsel, that he was a resident of Pennsylvania less than four years ago. (See Gordon Decl. Ex. 3; see also Answer ¶ 2, Sons of Arthritis LLC v. Low Tide Group et al., No. 3:18-cv-01456 (M.D. Pa. September 18, 2018), ECF 9 (“Defendants deny that Barchiesi is a resident of Pennsylvania.”).) In other words, no matter how I view the evidence, Barchiesi lied in one of the proceedings. The justice system cannot operate this way.

The case is proceeding in discovery.