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S.D.N.Y.Procedural orderFiled June 9, 2022

Rosario v. Burnsed Trucking Inc.

Judge
Edgardo Ramos
Docket
1:21-cv-07347
Court
U.S. District Court · Southern District of New York
Pages
1
DiscoveryCivil Procedure
In one sentence

In Rosario v. Burnsed Trucking, Judge Ramos granted Burnsed Trucking’s request to delay surveillance-video production until after Rosario’s deposition.

Who this affects

Burnsed Trucking may delay producing the surveillance video to Joan Rosario until after Rosario’s deposition.

What happened

In Joan Rosario v. Burnsed Trucking Inc., Burnsed Trucking asked the court for permission to delay producing surveillance video of Rosario until after Rosario’s deposition. The company said Rosario might change his testimony after seeing the video.

The court held a conference with both parties’ lawyers and then reviewed the surveillance video and Rosario’s allegations about his injuries privately. This private review is called an in-camera review.

Judge Edgardo Ramos granted Burnsed Trucking’s motion for a protective order allowing delayed production of the video until after Rosario’s deposition.

The detailed version

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

Case
Rosario v. Burnsed Trucking Inc. · No. 1:21-cv-07347
Judge
Edgardo Ramos
Date
June 9, 2022

Background

Burnsed Trucking filed a motion for a protective order on May 12, 2022. The relevant request sought permission to delay production of surveillance video footage of Joan Rosario until after Rosario’s deposition. Burnsed Trucking expressed concern that Rosario would tailor his testimony based on what the video showed.

The court held a conference on June 1, 2022, with counsel for both parties present. The court directed Burnsed Trucking to provide the surveillance video and Rosario’s allegations concerning his injuries for in-camera review, meaning private review by the court.

Ruling

After reviewing the video and Rosario’s allegations, the court granted Burnsed Trucking’s motion for a protective order for delayed production of the video until after Rosario’s deposition. The order cited Daniels v. National Railroad Passenger Corp. as support for delayed production until after a deposition.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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