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S.D.N.Y.Procedural orderFiled Aug. 10, 2020

Taylor v. City of New York

Judge
Katherine Failla
Docket
1:19-cv-06754
Court
U.S. District Court · Southern District of New York
Pages
2
DiscoveryCivil Procedure
In one sentence

In Taylor v. City of New York, Judge Failla treated defendants’ discovery motion as moot after Taylor served responses.

Who this affects

Michael Taylor and the defendants were affected: Taylor’s responses made the request to compel moot, and all parties were reminded to follow discovery deadlines and dispute-resolution procedures.

What happened

In Taylor v. City of New York, defendants asked the court to compel Michael Taylor to respond to interrogatories and document requests. Taylor told the court he had served responses after the motion was filed.

The court said the request to compel those responses was moot because Taylor had responded. It also said the circumstances did not justify treating Taylor’s objections as waived, and reminded both sides to follow discovery deadlines and rules.

Judge Katherine Polk Failla directed the parties to try to resolve discovery disagreements in good faith and to follow the required procedures if they could not do so. The order did not state that the motion was granted or denied.

The detailed version

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

Case
Taylor v. City of New York · No. 1:19-cv-06754
Judge
Katherine Failla
Date
Aug. 10, 2020

Background

The defendants filed a letter motion to compel on July 29, 2020. Michael Taylor opposed it by letter on August 7, 2020. Taylor represented that, after the motion was filed, he served responses to the defendants’ first set of interrogatories and requests for document production.

Court’s Analysis

The court held that, to the extent the defendants sought an order requiring Taylor to respond to those discovery requests, that part of the motion was moot because Taylor had already served responses. The court discussed the possibility that an unreasonable delay in responding could result in waiver of objections, but concluded that Taylor had not delayed unreasonably and that waiver was not warranted under the circumstances described in the order.

Taylor also raised objections to the defendants’ discovery requests. The court expected the parties to try to resolve discovery disputes in good faith. It reminded them to comply with the discovery deadlines set by the court, the Local Rules, and the court’s Individual Rules. If they could not resolve a dispute, the court directed them to follow Local Rule 37.2 and the Individual Rules when bringing the matter to the court.

Disposition

The order treated the defendants’ request to compel responses as moot. It did not expressly say that the motion was granted or denied. Judge Katherine Polk Failla also reminded the parties of their discovery obligations and the procedures for presenting unresolved discovery disputes.

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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