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S.D.N.Y.Procedural orderFiled Feb. 1, 2021

Guillen v. City of New York

Judge
Ona Wang
Docket
1:19-cv-05655
Court
U.S. District Court · Southern District of New York
Pages
7
DiscoveryCivil Procedure
In one sentence

In Guillen v. City of New York, Judge Wang ordered action on defendants’ discovery motion concerning Guillen’s interrogatory and document-request responses.

Who this affects

Edward Guillen and the defendants, including the City of New York and the other defendants identified in the case, were affected by the discovery order.

What happened

In Guillen v. City of New York, defendants asked the court to require Edward Guillen to provide fuller answers to interrogatories and document requests in the lawsuit. The defendants said Guillen’s responses were late and relied on broad, boilerplate objections.

The defendants also argued that Guillen should provide information and documents about his alleged injuries, medical history, prior arrests and convictions, prior lawsuits, and related records. Guillen’s counsel disagreed about the proper scope of some of this discovery, including information about pre-existing injuries and prior criminal-justice encounters.

The document ends with an order approving the request and is signed by Magistrate Judge Ona T. Wang. However, the text provided does not state the specific deadline or other exact terms of the ordered responses.

The detailed version

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

Case
Guillen v. City of New York · No. 1:19-cv-05655
Judge
Ona Wang
Date
Feb. 1, 2021

Background

The defendants filed a motion to compel, meaning a request for a court order requiring a party to provide discovery. They sought amended responses to interrogatories and document requests served on Edward Guillen. The defendants said Guillen’s responses were served after the deadlines in Rules 33 and 34 of the Federal Rules of Civil Procedure and therefore waived most objections other than privilege objections.

The defendants also argued that Guillen improperly incorporated eleven general objections into his individual responses. They characterized objections such as “vague,” “overbroad,” “unduly burdensome,” and “disproportionate” as boilerplate because, in their view, Guillen did not explain how those objections applied or identify what information or documents he was withholding. The defendants further said the responses did not identify withheld documents, provide a privilege log, or state when documents would be produced.

Discovery Disputes

The defendants identified specific deficiencies in several discovery responses. They said Guillen did not adequately identify witnesses, statements, or documents related to the incident and lawsuit. They also said he did not answer questions about medical providers, benefits applications, insurance claims, or medical treatment during the five years before the incident. The defendants argued that this information was relevant because Guillen claimed physical injuries and emotional distress.

The defendants also sought information about Guillen’s prior arrests, convictions, incarcerations, and lawsuits. They argued that this information could relate to his claimed damages, credibility, or possible causes of his alleged injuries unrelated to the incident in this case. The defendants maintained that the information was not necessarily in their possession and that publicly available information still had to be identified in discovery.

The defendants acknowledged that the parties had a genuine disagreement about the scope of discovery concerning pre-existing injuries, the effect of Guillen’s injury claims on damages, and the discoverability of prior arrest and conviction histories. They asked the court to require Guillen to remove general and boilerplate objections, provide substantive answers, produce responsive documents or state that none exist, identify documents withheld based on privilege, provide a privilege log, and state when additional documents would be produced.

Ruling

The document ends with “SO ORDERED” and is signed by Magistrate Judge Ona T. Wang on January 29, 2021. Based on the text provided, the court ordered action on the defendants’ motion to compel. The text does not specify the exact deadline, the precise discovery responses required, or whether every requested category of discovery was granted. This was a discovery ruling and did not decide the underlying claims in the lawsuit.

The authoritative version

Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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