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S.D.N.Y.Procedural orderFiled Mar. 4, 2020

Mena v. City of New York

Judge
Andrew Carter
Docket
1:15-cv-03707
Court
U.S. District Court · Southern District of New York
Pages
2
DiscoveryCivil Procedure
In one sentence

In Mena v. City of New York, Judge Cave granted in part and denied in part Mena’s request to reopen discovery.

Who this affects

Geraldo Mena may conduct the specifically authorized depositions during the 30-day reopening period; the defendants must participate as required by the order.

What happened

In Mena v. City of New York, Geraldo Mena asked the court to reopen discovery for a limited number of depositions.

The court found that Mena had shown good cause and reopened discovery for 30 days. Mena may depose four correctional officers and, for no more than one hour, a representative knowledgeable about the Department of Correction’s video-recording and retention procedures. The court denied Mena’s request to depose two other correctional officers.

Judge Sarah L. Cave granted in part and denied in part Mena’s letter-motion. The parties must file a joint letter by April 6, 2020, confirming whether the depositions were completed and describing their expected next steps.

The detailed version

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

Case
Mena v. City of New York · No. 1:15-cv-03707
Judge
Andrew Carter
Date
Mar. 4, 2020

Background

The court held a telephone conference about Geraldo Mena’s letter-motion to reopen discovery. Mena sought to reopen discovery for the limited purpose of taking a limited number of depositions. The court considered six factors applicable to requests to reopen discovery and found that Mena had shown good cause.

Ruling

The court granted in part and denied in part Mena’s letter-motion. It reopened discovery for an additional 30 days, but only for these purposes:

- Mena may depose Correctional Officers Kevin Marin, Kevin Radie, Patrick Francis, and Hope. - Mena may depose, for no longer than one hour, the defendants’ representative under Rule 30(b)(6) who has knowledge of the Department of Correction’s video-recording and retention policies and procedures during the relevant period.

The court denied Mena’s request to depose Correctional Officers Clifford Clement and Joshua Carson.

Next Steps and Court Directive

The parties must file a joint letter by Monday, April 6, 2020, confirming completion of the depositions and stating their anticipated steps to move the case forward. The Clerk of Court was directed to close ECF No. 88, the docket entry for the letter-motion. Judge Sarah L. Cave issued the order.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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