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S.D.N.Y.Procedural orderFiled May 3, 2021

Melius v. New York City Council

Judge
Edgardo Ramos
Docket
1:20-cv-05237
Court
U.S. District Court · Southern District of New York
Pages
2
DiscoveryCivil Procedure
In one sentence

In Melius v. New York City Council, Judge Ramos ordered Council Member Andy King to respond to discovery by May 6, 2021.

Who this affects

The order affected Shana Melius and Defendant Council Member Andy King by requiring King to respond to Melius's discovery requests by May 6, 2021.

What happened

In Melius v. New York City Council, Shana Melius said Andy King had not answered her requests for documents and written questions, served on March 5, 2021. She said the responses were overdue despite follow-up communications and an agreed extension.

Melius asked the court to require King to provide the discovery within seven days and to find that he had given up any objections, including privilege objections. The court directed King to respond by May 6, 2021, scheduled a telephone discovery conference, and terminated the motion.

Judge Edgardo Ramos did not state in the order whether King had waived his objections; the order directed a response and terminated the motion.

The detailed version

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

Case
Melius v. New York City Council · No. 1:20-cv-05237
Judge
Edgardo Ramos
Date
May 3, 2021

Background

Plaintiff Shana Melius, through counsel, sought court intervention concerning discovery served on Defendant Council Member Andy King. Melius stated that she served document requests and interrogatories by email and regular mail on March 5, 2021. According to the application, responses were due April 7, 2021, but King did not respond or request additional time.

Melius's counsel sent follow-up emails on April 16 and April 20. Counsel for King responded on April 21, stating that the requests had been received and that responses would be provided the following week. Melius's counsel agreed, as a professional courtesy, to accept responses by April 26. The application stated that no responses or further communication had been received by May 3.

Requested Relief

Melius asked the court to order King to respond to the discovery requests and produce the requested documents within seven days. Melius also asked the court to rule that King had waived any objection to the requests, including objections based on privilege, because he had not responded or sought an extension on time.

Court’s Action

The court ordered Defendant King to respond by May 6, 2021. The order also scheduled a telephone discovery conference and directed the Clerk to terminate the motion. The text supplied does not state that the court ruled on Melius's requested waiver of objections. The court's order was signed by Judge Edgardo Ramos.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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