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S.D.N.Y.Procedural orderFiled Sept. 25, 2023

Schatzmann v. Harris Partners Ltd.

Judge
Katherine Failla
Docket
1:21-cv-07301
Court
U.S. District Court · Southern District of New York
Pages
3
DiscoveryCivil Procedure
In one sentence

In Schatzmann v. Harris Partners Ltd., Judge Failla ordered document production and set response deadlines after considering an incarcerated defendant’s request for more time.

Who this affects

The plaintiffs were required to produce specified agreements and file proof of production; the incarcerated defendant received access to those documents and a November 20, 2023 deadline to respond to the pending motions.

What happened

In Schatzmann v. Harris Partners Ltd., the court addressed an incarcerated defendant’s request for more time to respond to the plaintiffs’ motions. The plaintiffs opposed a lengthy delay, asked for a prompt deadline, and requested that discovery be paused while the motions were pending.

The court ordered the plaintiffs to provide the defendant with employment agreements and other agreements containing arbitration clauses by October 23, 2023. It also ordered the defendant to respond to the plaintiffs’ motions by November 20, 2023, and required the plaintiffs to file proof of document production by October 30, 2023.

Judge Katherine Polk Failla did not decide the underlying motions or expressly rule on the request to stay discovery. The clerk was directed to terminate the motion at docket entry 54 and mail the order to the defendant.

The detailed version

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

Case
Schatzmann v. Harris Partners Ltd. · No. 1:21-cv-07301
Judge
Katherine Failla
Date
Sept. 25, 2023

Background

The court considered the defendant’s motion for an extension of time to respond to the plaintiffs’ motions. Those motions sought to dismiss the defendant’s counterclaims, deny the defendant’s motion to dismiss the complaint, and strike the defendant’s answer. The plaintiffs opposed the requested delay and asked either that their motion be treated as unopposed or that the defendant be given a short, definite deadline to respond.

The plaintiffs also asked the court to pause discovery. They argued that the defendant had issued discovery requests before the parties held the required conference and before a discovery schedule had been set. They further argued that discovery was premature because the pending motions could affect which claims would continue.

Court’s Action

The court did not rule on the merits of the pending motions. Instead, because the defendant was incarcerated and had difficulty accessing key documents, the court ordered the plaintiffs to produce, by October 23, 2023, all employment agreements between any plaintiff and the defendant, along with any other agreements between a plaintiff and the defendant that contained an arbitration clause. The plaintiffs had to file proof of that production by October 30, 2023.

The court also ordered the defendant to respond to the plaintiffs’ motions by November 20, 2023. The order did not expressly grant or deny the request to stay discovery. It directed the clerk to terminate the motion at docket entry 54 and to mail a copy of the order to the defendant’s address of record.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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