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S.D.N.Y.Procedural orderFiled Dec. 17, 2024

Gilani v. Deloitte LLP

Judge
Sidney Stein
Docket
1:23-cv-04755
Court
U.S. District Court · Southern District of New York
Pages
6
DiscoveryCivil ProcedureADA / DisabilityPro Se
In one sentence

In Gilani v. Deloitte LLP, Judge Stein ordered discovery procedures, removed entities, granted accommodations, and denied a reconsideration-extension request.

Who this affects

Asad Gilani, the named Defendants, the three entities removed from the docket, and the individuals and entities the court identified as not being defendants. The order also directs how Defendants must produce electronic information and grants Gilani disability accommodations.

What happened

In Asad Gilani v. Deloitte LLP, et al., the court addressed numerous filings about discovery, the proper defendants, deadlines, settlement discussions, and accommodations. The court criticized the parties for bringing too many disputes to the court without first trying in good faith to resolve them.

The court ended the need for a separate electronic-information protocol and ordered Defendants to produce most electronic information as searchable PDF files, while making a good-faith effort to provide accessible email metadata. It approved equal response time for Gilani and Defendants and allowed Gilani’s deposition to occur after written discovery is substantially complete. The court also granted Defendants’ request to remove three entities connected only to dismissed employee-benefit claims, denied as moot Gilani’s request for more time to seek reconsideration, and denied his request for round-trip Uber transportation.

Judge Gary Stein granted Gilani’s request for disability accommodations and directed the Clerk to remove the three specified entities from the docket. The order also clarified that several unserved individuals and entities were not defendants and closed the motions at Docket Numbers 196 and 202.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Gilani v. Deloitte LLP · No. 1:23-cv-04755
Judge
Sidney Stein
Date
Dec. 17, 2024

Background

After two November 2024 case-management conferences, the court received at least 17 submissions, most from Plaintiff Asad Gilani. Magistrate Judge Gary Stein found that the parties had submitted too many discovery disputes without first making good-faith efforts to resolve them. The order addressed the remaining issues raised in those submissions but stated that disputes concerning the protective order, Gilani’s discovery demands, and nonparty subpoenas would be addressed at the December 18, 2024 conference.

Electronic Information

At the November 15 conference, Gilani agreed that electronic information would generally be produced as searchable PDF files, except that Excel files could be produced in their original format. Because the parties’ discussions about a written electronic-information protocol were unproductive, the court no longer required them to enter one. Instead, the court directed Defendants to produce emails and other electronic information, except Excel files, as searchable PDFs. Defendants were also directed to make a good-faith effort to provide reasonably accessible email metadata, including by exporting metadata into a corresponding Excel file if feasible. If that was not feasible, Defendants were directed to promptly notify the court in writing.

Defendants and Docket Changes

The court clarified that individuals or entities that had not been served and were not listed as defendants on the docket were not defendants in the action. It identified Raj Mehta, Rahul Chodavarapu, Ashim Kumar, Sankar Prabhukumar, Deloitte Financial Advisory Services, LLP, and Canada Consulting LLP as not being defendants.

Defendants asked the court to terminate three entities that Gilani had named only in connection with employee-benefit claims that the court had dismissed in a September 4, 2024 order. The court granted that request and directed the Clerk to remove these parties from the docket: Deloitte Retirement Committee, as Plan Administrator for the Deloitte Pension Plan; Deloitte Retirement Committee, as Plan Administrator of the Deloitte for the Deloitte 401(k) Plan; and Deloitte LLP as Plan Administrator of Deloitte LLP Group Insurance Plan.

Gilani requested an extension of time to file a motion asking the court to reconsider its ruling denying his request to add Deloitte Transaction and Business, LLP, and Deloitte Canada, LP, as defendants. The court denied that request as moot because it had not set a deadline for such a motion. The court nevertheless stated that Gilani’s submissions did not contain a legal or factual basis for reconsidering the ruling.

Deadlines and Settlement Conference

The court accepted Gilani’s unopposed request to receive the same amount of time as Defendants to respond to interrogatories and requests for production. That arrangement would be included in a separate case-management plan. The court also accepted his unopposed request to have his deposition conducted after written discovery was substantially complete.

The court stated that no settlement conference had yet been scheduled. It said the parties would discuss timing at the December 18 telephone conference and noted that the January 23, 2025 status conference could be converted into a pre-settlement conference at the parties’ request.

Disability Accommodations and Other Disposition

The court granted Gilani’s request for disability accommodations. The court stated that specific accommodation requests could be discussed at the upcoming conference. In a footnote, it denied Gilani’s request for Defendants to arrange round-trip Uber transportation between his home and the courthouse for a settlement conference.

The Clerk was directed to close the motions at Docket Numbers 196 and 202. This order addressed discovery and related case-management matters; it did not decide the underlying merits of the action.

The authoritative version

Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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