Fr R. v. Radjinder
- Andrew Carter
- 1:19-cv-10486
- U.S. District Court · Southern District of New York
- 2
In Fr R. v. Radjinder, Judge Gorenstein stayed a defendant’s deposition and changed several discovery deadlines.
The order affects the plaintiff’s ability to depose Radjinder Shankar and the parties’ expert-discovery schedule. It also concerns defendants Radjinder Shankar and Carlton R. Gadiare.
What happened
Fr R. v. Radjinder concerns defendants’ request for discovery-related orders while one defendant faced a criminal case arising from the same motor-vehicle accident as the civil action.
The court stayed Radjinder Shankar’s deposition until the criminal case is completed, allowing the plaintiff to take the deposition afterward. The court also changed several expert-discovery and scheduling deadlines.
Judge Gabriel W. Gorenstein ordered the deposition stay and changed the deadlines to August 31, October 30, November 30, and December 14, 2020, as specified in the order.
The detailed version
- Fr R. v. Radjinder · No. 1:19-cv-10486
- Andrew Carter
- July 17, 2020
Background
The defendants’ attorneys asked the court for two discovery orders. First, they requested a protective order preventing the plaintiff from deposing defendant Radjinder Shankar until the completion of a criminal case against him in the Criminal Court of the City of New York, Bronx County. The criminal charges arose from the same motor-vehicle accident involved in this civil action. The criminal case remained pending after a scheduled court appearance was adjourned to September 22 because of the health emergency.
Second, the parties asked the court to modify the scheduling order. The plaintiff’s expert-witness disclosure, which was expected to include a physician’s report and related materials, had been due on July 10, 2020. The parties requested new deadlines to allow the plaintiff to complete that disclosure and the defendants to arrange a physical examination, obtain a physician’s review, and prepare a report. The opinion states that the plaintiff’s attorney opposed the request for the protective order. It also states that Mr. Shankar had conceded liability.
Ruling
Judge Gabriel W. Gorenstein ordered that Radjinder Shankar’s deposition be stayed until the criminal case is completed and that the plaintiff may depose him at that time. The court changed the deadlines in the first and second sentences of paragraph 4 of the scheduling order to August 31, 2020, and October 30, 2020, respectively. It changed the deadlines in paragraphs 5 and 6 to November 30, 2020, and the deadline in paragraph 7 to December 14, 2020. The court also directed the attorneys to comply with paragraph 1 of its Individual Practices for future requests to extend deadlines.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.