Enechi v. The City Of New York

Background

Eucharia Enechi moved to compel The City Of New York and the other defendants, collectively called “the City” in the opinion, to answer interrogatories—written questions—about punitive damages. The City refused to respond, arguing that the interrogatories were untimely.

The interrogatories were served on November 6, 2023. Discovery had closed on May 13, 2022. Under the parties’ original case-management plan, interrogatories were due June 25, 2021, and that deadline had been extended four times.

Court’s Analysis

The court concluded that Enechi was effectively seeking to reopen discovery. It stated that reopening discovery requires good cause and the court’s consent. The court noted that Enechi did not acknowledge that the interrogatories were late or address the factors used to decide whether discovery should be reopened, including diligence, prejudice, the timing of trial, foreseeability of the need for more discovery, opposition to the request, and the likelihood that the discovery would produce relevant evidence.

The court also rejected Enechi’s argument based on bifurcation, meaning separating punitive-damages discovery and conducting it later. Although Enechi correctly noted that courts in the district had deferred such discovery in some cases, the opinion stated that no such arrangement had been agreed to or requested in this case. The cases Enechi cited involved requests made before discovery closed, unlike her request.

Ruling

Judge Paul A. Engelmayer denied the motion to compel. The court held that it had no basis to require the City to answer the untimely interrogatories.