Advanced Behavioral Health, LLP v. Shinar
- Gabriel Gorenstein
- 1:20-cv-06644
- U.S. District Court · Southern District of New York
- 2
Advanced Behavioral Health v. Shinar: Judge Gorenstein granted plaintiff’s discovery request, ordered defendant’s responses, and ruled production objections waived.
Advanced Behavioral Health, LLP received the requested discovery relief. Ori Shinar was ordered to produce documents and answer interrogatories, and lost objections to production because they were not timely made.
What happened
In Advanced Behavioral Health, LLP v. Shinar, the plaintiff raised discovery disputes after the defendant did not timely respond to the plaintiff’s discovery demands or file a response letter as required by the court’s practices.
The defendant also did not request more time. The court ordered the defendant to produce responsive documents and answer the plaintiff’s questions by 5:00 p.m. on May 28, 2021.
Judge Gorenstein granted the relief requested, ruled that the defendant had waived objections to producing the documents, and canceled the scheduled discovery conference. The court warned that failing to comply could lead to additional sanctions.
The detailed version
- Advanced Behavioral Health, LLP v. Shinar · No. 1:20-cv-06644
- Gabriel Gorenstein
- May 21, 2021
Background
Advanced Behavioral Health, LLP filed a letter raising discovery disputes with Ori Shinar on May 17, 2021. The court’s Individual Practices required the party opposing requested relief to respond by letter within two business days, unless the parties agreed to a different date or the court granted an extension.
The court then scheduled a discovery conference and stated that a responsive letter had to be filed if one had not already been filed. Shinar did not file a responsive letter and did not seek an extension.
Ruling
The court granted the relief requested in Advanced Behavioral Health’s letter. It ordered Shinar to respond to the plaintiff’s discovery demands, including producing responsive documents and answering interrogatories, by 5:00 p.m. on May 28, 2021.
The court also ruled that Shinar’s failure to timely object to the document requests waived all objections to production. The responses and production therefore had to be made notwithstanding any objections. The court stated that failure to comply could result in additional sanctions and canceled the discovery conference scheduled for May 21, 2021.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.