Klein v. Metropolitan Transit Authority

Background

The court held a telephone conference on August 5, 2022, concerning the extension of discovery deadlines, authorization forms, and service of process. Plaintiff was proceeding without a lawyer and without paying filing fees. The order addressed case-management and service issues; it did not decide the underlying claims.

Discovery and authorization forms

The court modified its prior scheduling order. It required all fact discovery to be completed by October 28, 2022. Defendants were required to submit a pre-motion conference letter to Judge Cronan by November 14, 2022, in anticipation of a summary-judgment motion. The court stated that, if defendants' summary-judgment motion were denied, it would set a schedule for expert discovery.

The order also directed defendants to file, by August 19, 2022, a motion to compel the plaintiff to provide executed authorization forms if defendants continued to contend that the forms were needed to defend the case. The plaintiff was directed to respond by August 26, 2022, and defendants could file a reply by September 2, 2022. The court would then issue a written decision or schedule another conference.

Service of process

Because the plaintiff was proceeding without a lawyer and without paying filing fees, the United States Marshals Service was responsible for serving process. Earlier orders had directed the Marshals Service to serve several individual defendants, but attempted mail and personal service were unsuccessful because the facility was not accepting documents in person or by mail. Counsel had already appeared and answered for Brian Denicola and Jennifer Kelly.

The court directed counsel either to accept service for Police Officer Danielle Hughes, described as a current MTA employee, or to provide a current address where she could be served. Counsel was also directed to confirm the last known addresses of Conductor Kirk Thomas and Lieutenant Matthew Sauer, who were described as apparently retired MTA employees, and to provide the information to the court within ten days. After receiving the information, the court would direct the Clerk of Court to complete the required service forms and provide the documents to the Marshals Service.

For Gina Mital, whom the order identified as not being an MTA employee, the court said it would contact the Marshals Service to determine what had been done and what could be done next to complete service. The order also stated that defendants might be charged reasonable service expenses if personal service by the Marshals Service became necessary.

Ruling and effect

Judge James L. Cott entered a case-management order setting deadlines and directing steps to address authorization forms and service of process. The order did not grant or deny a dispositive motion and did not resolve the merits of the plaintiff's claims.