Wieder v. Greater Hudson Valley Health System

Background

The court had a pending briefing schedule for the defendants’ summary-judgment motion. Wieder asked the court to reopen discovery to allow the deposition of MaryAnn Malamas, identified as Wieder’s former direct supervisor. Wieder’s letter stated that an investigator located Malamas on June 9, 2023, and that Malamas was willing to provide a statement. It also stated that defense counsel later said he represented Malamas, objected to a statement, and would not produce her for a deposition.

The defendants opposed the request. They stated that they had provided Malamas’s last known address in December 2022 so that Wieder could subpoena her, that discovery ended on February 24, 2023, and that Wieder did not raise the need for additional discovery when the defendants sought permission to file a summary-judgment motion. They also stated that defense counsel first communicated with Malamas on June 12, 2023, after Malamas contacted the defendant identified in the letter as Garnet Health. The court did not resolve these competing factual accounts.

Ruling

Judge Nelson S. Roman stayed the summary-judgment briefing schedule and dismissed Wieder’s request to reopen discovery without prejudice to renew before Magistrate Judge Victoria Reznik. The court directed the parties to inform it in writing within five business days whether discovery would not be reopened or, if it was reopened, whether discovery had been completed. The court stated that it would then issue an amended summary-judgment briefing schedule, including a schedule for any supplemental summary-judgment motions if necessary. The clerk was directed to terminate the motion at ECF No. 48.

What the Order Did Not Decide

The order did not rule on the merits of the defendants’ summary-judgment motion and did not decide whether Malamas could or should be deposed. It addressed only the discovery request and the related briefing schedule.