Sughrim v. State of New York

Background

The plaintiffs requested the identities of 42 officers who were described as putative class members—people who might become members of a proposed class. The request concerned officers who had sought facial-hair accommodations for religious or other reasons.

The court had previously left open whether the plaintiffs were entitled to those names at that stage of the case and directed further briefing. The parties later submitted letter briefs. A revised scheduling order stated that an evidentiary hearing on the plaintiffs’ motion for a preliminary injunction would be scheduled after decisions on the State’s motion to dismiss and the plaintiffs’ motion for class certification.

Ruling

The court denied without prejudice the plaintiffs’ request for the identities of the 42 putative class members. It found that no class had yet been certified and that, in its discretion, the plaintiffs were not entitled to the names at that stage. “Without prejudice” means the ruling did not permanently bar the request.

The court further ordered that, if a class is certified, the plaintiffs will be entitled to the identities of the class members. In that event, the defendants must disclose those identities within three business days after the order granting class certification and no later than seven days before the evidentiary hearing on the plaintiffs’ preliminary-injunction motion.