Shargani v. New York City Department Of Environmental Protection

Background

The caption names Paul Shargani as plaintiff and the City of New York and Dennis Delaney as defendants. The motion papers stated that Shargani alleged discrimination and harassment during his employment with the New York City Department of Environmental Protection based on race, national origin, and religion, under Title VII, the New York State Human Rights Law, and the New York City Human Rights Law.

The motion papers further stated that the City served initial disclosures, interrogatories, and document requests on July 8, 2022, and followed up in November and December 2022. According to the City, Shargani did not provide complete written responses or initial disclosures. The papers said that Shargani later sent more than 400 pages of documents, but the documents were not identified as responses to particular requests and did not answer the interrogatories. The papers also stated that Shargani was proceeding without a lawyer.

Motion

The City moved under Federal Rule of Civil Procedure 37(a) for an order compelling Shargani to provide initial disclosures, answer the City’s interrogatories, respond to its document requests, produce responsive documents, and appear for a deposition. The City also asked for an order warning that failure to comply could result in dismissal for failure to prosecute.

Ruling

Judge Alvin K. Hellerstein denied the motion as procedurally defective because the requested discovery was not attached. The Clerk of Court was directed to terminate ECF No. 70. The order did not decide the underlying discrimination or harassment claims and did not grant the City’s requested discovery relief.