Herrera v. City of New York
- Analisa Torres
- 1:19-cv-03216
- U.S. District Court · Southern District of New York
- 4
In Herrera v. City of New York, Judge Torres denied a 90-day stay but extended response deadlines and fact discovery deadlines.
The ruling affected Luis Herrera, the defendants including Jawuan Hubbard, and Victor Herrera by changing the defendants’ response deadline, the fact-discovery deadline, and the telephone-conference date.
What happened
In Herrera v. City of New York, the parties asked the court to pause the case for 90 days because the COVID-19 pandemic had created communication, work, discovery, and deposition problems. Luis Herrera was representing himself, and defense counsel also described difficulties affecting the City’s agencies and police officers.
The request sought to pause all proceedings, including the defendants’ responses to the amended complaint, discovery, and scheduled deadlines. The court instead extended the deadline for all defendants, including Jawuan Hubbard, to respond to the amended complaint until June 15, 2020, and set the end of fact discovery for August 17, 2020.
Judge Analisa Torres denied the stay request. The court also postponed the April 28 telephone conference until August 25, 2020, and directed defense counsel to serve the order on Luis Herrera and Victor Herrera by email.
The detailed version
- Herrera v. City of New York · No. 1:19-cv-03216
- Analisa Torres
- Apr. 15, 2020
Background
Defense counsel submitted a letter stating that the parties jointly requested a 90-day stay of the civil case because of the COVID-19 pandemic. The request included a pause of all scheduled deadlines, the defendants’ responses to the amended complaint, and discovery.
The letter described difficulties caused by remote work, including communicating with a self-represented plaintiff, accessing documents and files, arranging remote depositions, preparing witnesses, and coordinating with agencies and other organizations. It also stated that police officers had been assigned to patrols and other essential matters, reducing their availability for depositions. The letter further reported that Luis Herrera’s brother, Victor Herrera, had delivered Herrera’s overdue discovery responses and had described personal circumstances complicating communication.
Ruling
The court denied the request for a 90-day stay. It extended the time for all defendants, including Jawuan Hubbard, to respond to the amended complaint until June 15, 2020. It also ordered that fact discovery end on August 17, 2020.
The court adjourned the telephone conference scheduled for April 28, 2020, until August 25, 2020, at 10:00 a.m. It directed defense counsel to serve the order on Luis Herrera and Victor Herrera by email. Judge Analisa Torres is identified in the supplied case metadata; the opinion text itself is addressed to Magistrate Judge Stewart D. Aaron, creating an ambiguity about which judge entered the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.