Dunham v. Philip Lobello
- Andrew Carter
- 1:11-cv-01223
- U.S. District Court · Southern District of New York
- 2
In Dunham v. City of New York, Judge Carter granted bifurcated, stayed discovery, denied a conference, and allowed summary-judgment briefing.
Jermaine Dunham and the defendants, particularly because discovery on the municipal-liability claims was divided and paused, while the defendants received permission to seek summary judgment.
What happened
In Dunham v. City of New York, the defendants asked to divide and pause discovery concerning Jermaine Dunham’s municipal-liability claims. Dunham opposed those requests, and the parties sent the court a joint letter.
The court granted the defendants’ request to divide and pause discovery on the municipal-liability claims. It denied the defendants’ request for a pre-motion conference, gave them permission to file a summary-judgment motion, and set deadlines for the parties’ briefs.
Judge Andrew L. Carter, Jr. said the discovery arrangement would promote efficiency and convenience and avoid unfair prejudice. The defendants’ brief was due March 13, 2020; Dunham’s response was due April 10, 2020; and the defendants’ reply was due April 24, 2020.
The detailed version
- Dunham v. Philip Lobello · No. 1:11-cv-01223
- Andrew Carter
- Feb. 11, 2020
Background
The court considered the defendants’ requests for a pre-motion conference and for bifurcation and a stay of discovery concerning Dunham’s municipal-liability claims. Bifurcation means dividing the discovery process into separate stages; a stay pauses discovery. The court also considered Dunham’s opposition and the parties’ joint letter.
Court’s reasoning
The court determined that discovery should be bifurcated and stayed to promote efficiency and convenience and to avoid undue prejudice. Citing another Southern District of New York decision, the court noted that municipal liability generally depends on first establishing a constitutional violation by individual defendants. The opinion did not decide the merits of Dunham’s claims.
Rulings and schedule
The court granted the defendants’ request for a stay and bifurcation of discovery concerning the municipal-liability claims. It denied the defendants’ request for a pre-motion conference. The court granted the defendants leave to file a motion for summary judgment and ordered the parties to follow this briefing schedule:
- Defendants’ brief: March 13, 2020 - Plaintiff’s response: April 10, 2020 - Defendants’ reply: April 24, 2020
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.