Scott Fleming v. The City Of New York
- George Daniels
- 1:18-cv-04866
- U.S. District Court · Southern District of New York
- 2
In Patricia Scott Fleming v. The City of New York, Judge Daniels set discovery and trial deadlines in a scheduling order.
The plaintiffs, The City of New York, and the other defendants were affected by the case schedule and preserved scheduling rights.
What happened
Patricia Scott Fleming, as administrator of Patrick Fleming’s estate, sued The City of New York and other defendants. The court issued a scheduling order for the case without deciding the parties’ underlying claims.
The order set January 6, 2021, for initial disclosures; September 15, 2021, to finish fact discovery; and December 30, 2021, to finish expert discovery. Summary-judgment motions were due no later than 30 days after all discovery ended. The trial and pretrial-conference dates were left for the court to set later.
Judge George B. Daniels also stated that the parties could modify the schedule by agreement or ask the court to change it for good cause. The order preserved additional requests that the City defendants could make concerning separate treatment of certain claims, expert discovery, and the timing of expert disclosures.
The detailed version
- Scott Fleming v. The City Of New York · No. 1:18-cv-04866
- George Daniels
- Nov. 30, 2020
Background
The opinion is a scheduling order in an action brought by Patricia Scott Fleming, as administrator of the estate of Patrick Fleming, against The City of New York and other defendants. It does not resolve the merits of the claims or defenses.
Schedule
The court set these deadlines:
- Initial disclosures required by Federal Rule of Civil Procedure 26(a)(1): January 6,
- - Fact discovery: completion by September 15,
- - Expert discovery: completion by December 30,
- - Summary-judgment motions: due no later than 30 days after all discovery was completed. - Pretrial conference: to be set no later than 60 days before the trial date. - Trial: to be set by the court.
Additional provisions and ruling
The order made the schedule subject to modification by agreement of the parties or by a court-approved request based on good cause. It also preserved the City defendants’ ability to ask the court to separate discovery or trial concerning municipal liability under Monell v. Department of Social Services of the City of New York, to require the parties to confer about a detailed schedule for expert discovery and summary judgment before fact discovery closed, and to defer expert-disclosure deadlines until after summary-judgment motions were decided. Judge George B. Daniels entered the scheduling order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.