Pearson v. New York State

Background

The order concerns two actions identified in the opinion text as Pearson v. Gessner et al., No. 7:21-cv-05670, described as the “Excessive Force Action,” and Pearson v. Gessner et al., No. 7:22-cv-09278, described as the “Retaliation Action.” Robert Pearson is the plaintiff in both matters. The plaintiff’s counsel stated that the court had reopened discovery in the Retaliation Action for 60 days and that Pearson had filed a Second Amended Complaint in the Excessive Force Action.

Requested Relief

Pearson’s counsel asked for permission to file a motion under Federal Rule of Civil Procedure 42(a) to consolidate the two actions for discovery purposes only. Rule 42(a) permits consolidation when actions involve a common question of law or fact. Counsel argued that discovery would overlap because both cases involved Pearson and Sergeant Gessner, and because Officer Morris was a defendant in the Excessive Force Action and a defense witness in the Retaliation Action. Counsel also argued that the retaliation claim would require evidence concerning the filing and maintenance of the Excessive Force Action and Sergeant Gessner’s history with Pearson.

The defendants deferred to the court on whether the request was appropriate. Pearson’s counsel argued that discovery consolidation would avoid duplicative depositions and reduce costs and burdens, and reserved the right to seek consolidation for trial later.

Ruling

Judge Philip M. Halpern granted the application for a pre-motion conference. The court scheduled a telephone conference for June 24, 2025, at 2:30 p.m. The order did not grant or deny consolidation of the two actions and did not decide the underlying claims. It directed the clerk to docket the order in both actions and to terminate the letter motion pending at Document 113.