Johnson v. Rockland County BOCES

Background

The opinion text is a January 24, 2024 reply letter from the defendants’ counsel concerning discovery. The defendants were identified as Rockland County BOCES and its employees Daniel Wilson and Mary Jean Marsico. The defendants said the plaintiff had repeatedly failed to comply with discovery deadlines and prior court orders, including deadlines concerning discovery responses and the plaintiff’s deposition.

The defendants said they had re-noticed the plaintiff’s deposition for January 12, 2024, but that the plaintiff’s counsel did not respond to communications or reschedule the deposition during the following 30 days. They argued that the delays had caused them expenses and warranted sanctions.

Requests

The defendants renewed their request for permission to move to dismiss the action or prevent the plaintiff from pursuing it because of the alleged failure to comply with court orders. They also requested fees and costs associated with preparing for and transcribing the January 12 deposition. Alternatively, they asked to extend the deadline for taking the deposition to February 27, 2024 and to receive fees and costs for taking and transcribing it.

Ruling

The court ordered that the plaintiff’s deposition “must be taken by 2/27/24.” It warned that failure to meet that deadline “may result in sanctions.” The court also stated that, in the meantime, the defendants could move for fees and costs related to the deposition delays. The text does not state that the court granted or denied the defendants’ request for permission to seek dismissal or preclusion.

The supplied metadata identifies Vincent Briccetti as the judge, but the opinion is addressed to and marked “So Ordered” by Kenneth M. Karas. This summary uses Kenneth M. Karas because he is the judge named in the opinion text. The supplied filing date is January 25, 2024, while the letter and order are dated January 24, 2024.