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S.D.N.Y.Procedural orderFiled May 14, 2021

Azzarmi v. 55 Fulton Market

Judge
George Daniels
Docket
1:20-cv-06835
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedureDiscoveryPro Se
In one sentence

In Azzarmi v. Key Food, Judge Moses paused discovery, scheduled a conference, barred new filings, and warned plaintiff Aasir Azzarmi against insulting opposing counsel.

Who this affects

Plaintiff Aasir Azzarmi and Key Food Stores Co-Operative Inc., including the parties’ discovery activities and communications with opposing counsel.

What happened

In Aasir Azzarmi v. Key Food Stores Co-Operative Inc., the plaintiff, who was representing himself, filed three motions seeking discovery orders, related relief, and sanctions. The filings totaled 119 pages and followed the court’s earlier denial of his first discovery motion without prejudice as to certain interrogatories.

The court scheduled a telephone conference for May 20, 2021. Until then, it barred the parties from serving additional discovery, filing or threatening additional discovery or sanctions motions, or submitting more materials about the pending motions.

Judge Barbara Moses also ordered Azzarmi to stop using personal insults and other attacks against opposing counsel, warning that abusive language could lead to significant sanctions. The order managed the pending discovery dispute and did not decide the underlying claims.

The detailed version

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

Case
Azzarmi v. 55 Fulton Market · No. 1:20-cv-06835
Judge
George Daniels
Date
May 14, 2021

Background

Since April 27, 2021, plaintiff Aasir Azzarmi had filed three motions seeking to compel discovery, obtain related relief, and impose sanctions under the Federal Rules of Civil Procedure, 28 U.S.C. § 1927, and the court’s inherent authority. The motions totaled 119 pages. The second and third motions were filed on May 12 and 13, after the court denied Azzarmi’s first motion on May 3, without prejudice to renewing it as to certain interrogatories if he followed the required discovery-dispute procedures.

The opinion states that Azzarmi’s filings and email correspondence repeatedly used personal insults and other accusations against defendant’s lead counsel. The requested relief included orders concerning verification of interrogatory answers, amendment of the complaint, the timing of Azzarmi’s deposition, additional interrogatories, and defendant’s responses to requests for admission.

Court’s Orders

The court ordered the parties to participate in a telephone conference on May 20, 2021, at noon. Before that conference, the parties were prohibited from serving additional discovery demands or notices, filing or threatening to file additional discovery or sanctions motions, or submitting further letters, briefs, declarations, or other materials supporting or opposing the pending motions.

Judge Barbara Moses separately ordered Azzarmi, both before and after the conference, to refrain from name-calling and other personal attacks against opposing counsel. The court reminded him that people representing themselves, like lawyers, must address adversaries courteously and warned that abusive and insulting language can lead to significant sanctions.

Disposition and Classification

This was a procedural order addressing discovery conduct, filings, and courtroom management. It did not decide the merits of Azzarmi’s claims or resolve the pending discovery motions. The opinion does not state a final disposition of those motions.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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