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S.D.N.Y.Procedural orderFiled Mar. 7, 2023

Karupaiyan v. Experis IT

Judge
Lorna Schofield
Docket
1:21-cv-04675
Court
U.S. District Court · Southern District of New York
Pages
5
Civil ProcedureDiscoveryPro Se
In one sentence

In Karupaiyan v. Experis IT, Judge Schofield extended discovery for Ms. Moore’s deposition but denied counsel, a stay, and a court reporter.

Who this affects

Palani Karupaiyan and the Experis defendants, particularly Ms. Moore, because the order extended the discovery deadline for her deposition and changed related case-management deadlines.

What happened

In Karupaiyan v. Experis IT, Palani Karupaiyan asked for more time to complete discovery, including a deposition of Ms. Moore. He also asked for a volunteer lawyer, a stay of the case, a courthouse location for the deposition, and a court reporter.

The court granted the request for more discovery time only to conduct Ms. Moore’s deposition and extended discovery to March 31, 2023. It denied the requests for counsel, a stay, and a court reporter. The parties were told to discuss the deposition’s format and schedule in good faith, and the court suggested written questions as an alternative.

Judge Lorna G. Schofield also moved the case-management conference to April 19, 2023, and set April 7, 2023, as the deadline for a joint status letter.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Karupaiyan v. Experis IT · No. 1:21-cv-04675
Judge
Lorna Schofield
Date
Mar. 7, 2023

Background

Palani Karupaiyan, representing himself, asked the court to extend discovery until March 25, 2023. He said that Experis had taken his deposition on February 28, 2023, but that the deposition was not fully completed. He also sought to take the deposition of Ms. Moore and requested a courthouse location, a court reporter, appointment of a volunteer lawyer, and a three-week stay of the case.

Rulings

The application was granted in part. The court ruled as follows:

- The request for appointment of counsel was denied. The court explained that in a civil case it cannot appoint a lawyer, although it may ask a lawyer to volunteer. The court said Karupaiyan could request counsel again if the case proceeds to trial. - The request for a stay of the case was denied. The court relied on earlier orders reminding the parties to pursue discovery diligently despite other obligations or pending cases. - The request for an extension of discovery was granted, but only for the limited purpose of conducting Ms. Moore’s deposition. Discovery was extended to March 31, 2023. - The request for a court reporter was denied. The court stated that the party requesting a deposition must pay its costs and that permission to proceed without paying filing fees does not cover discovery costs.

The court encouraged Karupaiyan to consider taking Ms. Moore’s deposition through written questions under Federal Rule of Civil Procedure 31. The parties were directed to meet and discuss in good faith the deposition’s format and scheduling, and any deposition had to be completed by March 31, 2023. If Karupaiyan was willing to retain and pay for a court reporter, he could renew his request to use courthouse space.

Schedule

The parties were ordered to complete fact discovery by March 31, 2023, and to file a joint status letter by April 7, 2023. The status letter was to include a statement about referral for further settlement discussions. The court-management conference concerning anticipated summary-judgment motions was moved from March 22, 2023, to April 19, 2023, at 4:10 p.m.

The authoritative version

Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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