Mosley v. Campbell
- Lewis Liman
- 1:19-cv-10722
- U.S. District Court · Southern District of New York
- 2
In Mosley v. Campbell, Judge Liman granted Campbell’s discovery requests, requiring responses, a release, and extending fact discovery.
Osiris Mosley and Danny Campbell; the order imposed discovery requirements on Mosley and extended the deadline affecting both parties.
What happened
In Mosley v. Campbell, Danny Campbell asked the court to require Osiris Mosley to answer written questions and produce documents, provide an updated release for obtaining his criminal court file, and extend the fact-discovery deadline. Mosley agreed to the extension but did not otherwise respond.
The court found that Mosley’s discovery responses were more than 100 days late and that he had not explained the delay or objected. It ordered him to respond by December 22, 2020, ruled that objections were waived, and required him to provide a properly notarized release. The court also extended fact discovery to March 3, 2021.
Judge Lewis J. Liman granted Campbell’s requests and directed Campbell to submit a revised case-management plan reflecting the extension.
The detailed version
- Mosley v. Campbell · No. 1:19-cv-10722
- Lewis Liman
- Dec. 7, 2020
Background
Danny Campbell filed a letter motion dated November 30, 2020, making four requests related to discovery. He asked the court to order Osiris Mosley to respond to Campbell’s first set of interrogatories and requests for production of documents, rule that any objections had been waived, require Mosley to provide an updated executed release under New York Criminal Procedure Law § 160.50, and extend the fact-discovery deadline by 90 days. Campbell’s letter stated that Mosley had agreed to the extension of discovery deadlines but had not otherwise responded.
Court’s Analysis
The court found that Mosley had not responded to interrogatories and document requests served on August 19, 2020. The responses were more than 100 days overdue, and Mosley had not communicated with Campbell or the court about the delay, requested an extension, or objected to the requests. The court therefore ordered Mosley to respond by December 22, 2020, and ruled that any objections to the requests had been waived.
Campbell also stated that Mosley had not provided an up-to-date release needed to obtain Mosley’s criminal court file. Mosley had provided a release, but the New York Criminal Court rejected it because the notarization was out of date. The court ordered Mosley to provide an executed release under New York Criminal Procedure Law § 160.50 and stated that he could face discovery sanctions if he did not do so.
The court found that the delays described by Campbell established good cause for extending the discovery deadlines. It extended the fact-discovery deadline to March 3, 2021.
Ruling
Judge Lewis J. Liman granted Campbell’s requests. The order required Mosley to answer the interrogatories and document requests, deemed objections waived, required an executed release, and extended fact discovery. Campbell was directed to submit a revised case-management plan reflecting the extension.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.