Trustees Of The New York City District Council Of Carpenters Pension Fund v…
Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund v. F&S Contracting Group, Inc.
- Katherine Failla
- 1:23-cv-10865
- U.S. District Court · Southern District of New York
- 5
In Trustees v. F&S Contracting, Judge Failla converted a conference, extended discovery, and terminated pending motions without deciding the parties’ discovery disputes.
The Trustees’ Funds and the Defendants, whose discovery disputes were scheduled for a pre-motion conference and whose discovery deadline was extended.
What happened
Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund v. F&S Contracting Group, Inc. involves competing requests about discovery, evidence, and a protective order. The Funds opposed Defendants’ anticipated motion for preclusion and a protective order and asked the court to compel additional discovery responses.
The court received the Funds’ motion to compel, Defendants’ opposition, Defendants’ request for a conference about their anticipated motion, and the Funds’ opposition. The opinion text does not show that the court decided the parties’ underlying discovery arguments.
Judge Katherine Polk Failla converted the October 10, 2024 post-fact conference into a telephone pre-motion conference, extended the discovery deadline to October 31, 2024, and directed the Clerk to terminate the pending motions at docket entries 37, 40, and 41.
The detailed version
- Trustees Of The New York City District Council Of Carpenters Pension Fund v… · No. 1:23-cv-10865
- Katherine Failla
- Sept. 16, 2024
Background
The Funds submitted a letter opposing Defendants’ anticipated motion for preclusion, a protective order, and related relief. The Funds also asked the court to compel Defendants to supplement responses to discovery requests. Their letter addressed the parties’ disputes over the basis for the lawsuit, alleged violations of Federal Rule of Civil Procedure 11 and Federal Rule of Evidence 408, the scope of depositions of the Funds’ trustees, the timing of document-production responses, and responses to requests for admission.
The court stated that it had received the Funds’ motion to compel at docket entry 37 and Defendants’ opposition at docket entry 38. It also received Defendants’ request for a conference concerning their anticipated motion at docket entry 40 and the Funds’ opposition at docket entry 43.
Court’s Action
The court did not decide whether either side was correct on the discovery, preclusion, protective-order, or evidence issues. Instead, because the parties had been unable to resolve their ongoing disputes without court involvement, Judge Katherine Polk Failla converted the post-fact conference scheduled for October 10, 2024, into a telephone pre-motion conference addressing the issues raised in the submissions.
The court also extended the discovery deadline to October 31, 2024. It directed the Clerk of Court to terminate the pending motions at docket entries 37, 40, and 41. The order does not state that those motions were granted or denied.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.