Gannon v. 124 East 40th Street LLC
- Lorna Schofield
- 1:22-cv-00361
- U.S. District Court · Southern District of New York
- 4
In Gannon v. 124 East 40th Street LLC, Judge Schofield ordered defendants to respond to Gannon’s discovery letter by October 25, 2022.
Plaintiff Stephen Gannon and the defendants, including 124 East 40th Street LLC, are affected by the court’s directive for defendants to respond to the discovery letter.
What happened
In Gannon v. 124 East 40th Street LLC, Plaintiff Stephen Gannon asked the court for a conference about alleged discovery failures by defendants.
Gannon asked the court to strike defendants’ answer and enter judgment, or to limit defendants’ ability to present evidence about their financial resources. He also sought attorney fees and additional discovery concerning accessibility modifications to the building.
Judge Lorna G. Schofield did not decide those requests in this order. Judge Schofield ordered defendants to file a response of no more than three pages by October 25, 2022.
The detailed version
- Gannon v. 124 East 40th Street LLC · No. 1:22-cv-00361
- Lorna Schofield
- Oct. 20, 2022
Background
Plaintiff Stephen Gannon’s counsel submitted a second letter seeking a telephonic conference before filing a discovery motion. The letter alleged that defendants had not adequately responded to requests for financial information, interrogatories, and documents concerning a planned installation of an accessibility ramp.
Plaintiff’s Requests
Gannon asked the court to strike defendants’ answer as a sanction for alleged discovery failures and to enter judgment. Alternatively, he asked the court to order that any remediation plan he proposed be treated as achievable under the Americans with Disabilities Act and the New York State Human Rights Law, without allowing evidence about the facility’s overall financial resources and size. He also asked for attorney fees incurred in seeking court intervention.
The letter asserted that financial information was relevant to whether removing architectural barriers was “readily achievable,” and that defendants’ interrogatory answers and document production remained inadequate. These assertions were presented by plaintiff’s counsel; the provided text does not include defendants’ response.
Court’s Action
The court ordered defendants to file a responsive letter, limited to three pages, by October 25, 2022. The order did not grant or deny Gannon’s requested discovery relief, sanctions, judgment, attorney fees, or pre-motion conference.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.