Porath v. City of New York

Background

The amended complaint was pending against the City of New York, the Director of the Bellevue Shelter System, and New York State parole officer Akaneme. The order required the defendants to answer, file a motion, or otherwise respond to the amended complaint by March 9, 2023.

Discovery Requests

David K. Porath requested a court conference and permission to serve discovery requests. The court denied those requests without prejudice as premature. This means the order did not permanently bar Porath from renewing the request.

The court explained that, before seeking judicial help with discovery, the defendants must respond to the complaint; the parties must confer about a discovery plan; Porath must serve written discovery demands; and the parties must make good-faith efforts to resolve any discovery dispute. The court also cited the federal rules governing the timing of discovery and motions to compel discovery, along with the Southern District of New York’s local discovery-dispute rule.

Ruling

Judge Sarah L. Cave stated that Porath could renew his request, if appropriate, after the defendants respond to the amended complaint. The Clerk of Court was directed to mail a copy of the order to Porath.