Dunham v. Philip Lobello
- Sarah Cave
- 1:11-cv-01223
- U.S. District Court · Southern District of New York
- 2
In Dunham v. City of New York, Judge Cave addressed discovery deadlines while awaiting a ruling on the City’s request to stay and divide discovery.
Jermaine Dunham and the City of New York were affected by the discovery provisions. The order also recorded that fact discovery concerning Lamar Oliver and Philip Lobello was complete.
What happened
In Dunham v. City of New York, Lamar Oliver, and Philip Lobello, the court held a status conference about discovery on January 31, 2020. The parties confirmed that fact discovery concerning the individual defendants was complete.
The court addressed Jermaine Dunham’s requests for documents and a deposition of the City of New York. If Judge Andrew L. Carter, Jr. denied the defendants’ request to stay and divide discovery concerning the claims against the City, the City would have to respond within 14 days after Judge Carter’s order. Dunham could also serve up to 25 written questions to the City.
Judge Sarah L. Cave entered the order and confirmed Dunham’s ability to serve up to 25 written questions under the federal discovery rules. The order did not decide whether discovery concerning the City would be stayed or divided.
The detailed version
- Dunham v. Philip Lobello · No. 1:11-cv-01223
- Sarah Cave
- Jan. 31, 2020
Background
The court held an in-person status conference concerning the status of discovery. The parties confirmed that fact discovery involving the individual defendants was complete.
Discovery concerning the City
The order addressed Dunham’s requests for production of documents and his notice of a deposition under Federal Rule of Civil Procedure 30(b)(6) directed to the City of New York. The order stated that, if Judge Andrew L. Carter, Jr. denied the defendants’ request to stay and divide discovery concerning Dunham’s claims against the City under Monell v. Department of Social Services of the City of New York, the City would have 14 days from Judge Carter’s order to respond to all of those requests and the deposition notice.
Interrogatories
The court confirmed that Dunham could serve up to 25 interrogatories—written questions—on the City, as allowed by Federal Rule of Civil Procedure 33.
Disposition
Judge Sarah L. Cave entered this discovery order. It did not resolve Judge Carter’s anticipated decision on whether to stay or divide discovery concerning the City; it established the City’s response deadline if that request were denied and confirmed the 25-interrogatory limit.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.