Gregory Destine a/k/a/ Mrs. GoGo Destine v. The City of New York

Background

The City of New York asked for two related postponements: an adjournment, or postponement, of the June 30, 2020 initial case-management conference and a corresponding extension of the deadline to submit the parties’ proposed case-management plan. The plaintiff, Gregory Destine, was proceeding without a lawyer. The City also sought to postpone the conference until the court decided its motion to dismiss.

An earlier order required the defendants to file the proposed case-management plan one week before the scheduled conference and to mail a copy to the plaintiff. The court said the City had failed to contact the plaintiff sufficiently early and had filed its request without consulting him. The court also noted that it had previously directed the defendants to continue trying to contact the plaintiff about future letters.

Analysis

The court treated the request to wait for a ruling on the motion to dismiss as, in substance, a request to stay discovery, meaning to pause the exchange of information in the case. The court explained that filing a motion to dismiss does not automatically pause discovery. A party seeking such a stay generally must show good cause, which usually requires a strong showing that the motion to dismiss the entire case would be granted. The City provided no reasons supporting a stay.

Disposition

The court denied the City’s requests. It ordered the City to meet and confer with Gregory Destine on June 29, 2020 and to submit a proposed case-management plan that day. It also directed the City to mail the order to Destine, serve the order and the City’s request, and file proof of service. The clerk was directed to close the City’s filing at ECF 22. The order was signed by United States Magistrate Judge Ona T. Wang.