Cartwright v. City Of New York

Background

The opinion consists of a January 25, 2023 letter from Cartwright’s attorney requesting an order requiring the defendants to produce records before a mediation scheduled for January 31, 2023. The requested materials included recordings of 911 calls and related communications, New York City Police Department radio communications, and related 911, radio-run, and SPRINT reports.

According to the letter, the case was proceeding under the “1983 Plan” in Local Civil Rule 83.10, and defendants were required to make certain disclosures in December 2022. Cartwright’s attorney stated that defendants made limited disclosures on December 5, 2022, later produced an “Event Chronology” on January 18, 2023, but had not produced the underlying recordings or the other requested reports. The letter asked for production by noon on January 30, 2023, so Cartwright could use the materials at the mediation.

Plaintiff’s allegations

The letter described Cartwright’s allegations that he entered an open, unattended store, contacted store management and staff, and later left a business card, a note, and items he intended to purchase. It said police then detained, questioned, and arrested him. The letter further stated that the store manager later viewed security footage, told police that the store did not want to press charges, and that the New York County District Attorney’s Office declined to prosecute on April 21, 2022. These allegations were presented in support of the request for records; the order did not resolve them.

Ruling

Judge Naomi Reice Buchwald denied the application “for failure to comply with Fed. R. Civ. P. 37(a)(1).” The order did not state that the requested records had to be produced, and it did not rule on the merits of Cartwright’s underlying claims. Because the ruling addressed a request for production of discovery materials rather than the merits, this is a procedural order.