Knight v. New York State Department of Corrections

Background

The plaintiffs requested a limited reopening of documentary discovery under Federal Rule of Civil Procedure 16(b)(4). They asked to serve narrowly focused document requests and to permit the defendants to depose two former nurses after responding to those requests. The letter states that documentary discovery had ended on March 26, 2021, while fact depositions were scheduled to continue through April 30, 2021. It also states that expert reports were due May 15, 2021, and that dispositive-motion pre-motion letters were due June 1, 2021.

The two proposed witnesses, Jeanne Vacca and Lisa Lazier, formerly worked as nurses at Shawangunk Correctional Facility and treated at least two plaintiffs. According to the plaintiffs’ letter, Vacca recalled warning Dr. Lee that Plaintiff Knight could die from an infection and described Dr. Lee’s response. Lazier reportedly wrote to Dr. Lee about catheter sizing and reuse. Both nurses were also expected to testify about inadequate catheter supplies and about receiving workplace write-ups after giving patients additional catheters.

The Requested Discovery

The plaintiffs sought four categories of documents: the nurses’ workplace write-ups, lists used to pack catheter-supply bags, Lazier’s letter to Dr. Lee, and each nurse’s personnel file. The plaintiffs argued that these materials were relevant to whether Dr. Lee knew about risks associated with reusing catheters and whether the practice departed from the standard of care.

The plaintiffs argued that they had been diligent because they had amended their required witness disclosures six times, served five document requests, made seven supplemental productions, and conducted or defended multiple depositions. They said the nurses’ identities were difficult to determine from handwritten medical records and that counsel contacted and disclosed the witnesses promptly after identifying them.

Court Action

The letter explains that a scheduling order may be changed only for “good cause” and with the judge’s consent. It also discusses factors courts may consider when deciding whether to reopen discovery, including the timing of trial, opposition, prejudice, diligence, foreseeability, and the likelihood that the discovery will produce relevant evidence.

The text ends with the direction: “Defense is to respond to this letter by 4/22/21,” followed by “So Ordered” and Judge Kenneth M. Karas’s signature block. The text does not state that the court granted or denied the request to reopen documentary discovery, and it does not state a final ruling on the underlying medical-care claims.