Crespo v. Franco

Background

The order followed a telephone conference in the federal lawsuit brought by Edwin Crespo and other plaintiffs against New York City Police Officer Joseph Franco and other defendants. The court addressed access to files from the state criminal case, People of the State of New York v. Joseph Franco, and the production of information relevant to the plaintiffs’ claims against Franco.

Court’s directives

The court directed the parties to settle an order, by submitting a proposed order by March 20, directing the unsealing of the files in the state criminal case. In a footnote, the court stated that federal courts have authority in these circumstances to order the unsealing or production of state criminal records when they are relevant to a federal lawsuit.

The court also directed the parties and representatives of the New York County District Attorney’s Office to meet and confer by March 27 to determine the scope and timing of producing information relevant to the plaintiffs’ claims against Franco. By April 4, the parties were required to submit a status letter proposing a production schedule and identifying any issues requiring judicial resolution. The plaintiffs’ lawyers were directed to provide a copy of the order to the District Attorney’s Office.

Disposition and significance

This was a procedural case-management and discovery order. It set deadlines and directed the parties to pursue unsealing and information production; it did not resolve the underlying claims. The order was signed by Judge James L. Cott.