Ocasio v. 1555 Grand Concourse LLC

Background

The court received the plaintiffs’ letter seeking a pre-motion conference about a discovery dispute and the defendants’ opposing letter. The plaintiffs identified in the correspondence were Emma Ocasio, Robert White, Duanny Escalante, and Serafin Colon. The defendants were 1555 Grand Concourse LLC and Lidia Management Corp.

The defendants argued that the requested conference was premature because they were still preparing supplemental document production. They also stated that Suzanne Guthridge, another named plaintiff, had died on or about October 22, 2019, and that no substitution had yet been made to represent her interests. The defendants argued that discovery should not proceed until an appropriate representative was substituted, although they noted that the discovery deadline had been extended to March 27, 2020.

The defendants also asked the court to require the plaintiffs to participate in court-annexed alternative dispute resolution, meaning a court-connected process for attempting to resolve the case without further litigation. They argued that the plaintiffs’ discovery efforts were increasing legal fees and that the plaintiffs had not engaged in further settlement discussions after receiving leases and an offer of judgment.

Ruling

Judge Failla agreed that a conference was warranted. The court ordered the parties to appear on December 12, 2019, at 3:30 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse in New York, New York.

The order did not resolve whether the defendants had to provide additional discovery, whether the plaintiffs’ anticipated request to compel discovery should be granted, or whether the plaintiffs had to participate in alternative dispute resolution.