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S.D.N.Y.Procedural orderFiled Apr. 15, 2024

Dominguez v. City of New York

Judge
Ho
Docket
1:21-cv-02302
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureDiscovery
In one sentence

In Dominguez v. City of New York, Judge Ho granted scheduling requests, extended expert discovery, and set pretrial and trial dates.

Who this affects

Steven Dominguez, the City of New York, the individual defendants, and the parties' expert-discovery and trial schedules.

What happened

In Dominguez v. City of New York, the defendants and plaintiff jointly asked for more time to complete an expert deposition and for defendants to file a limited motion for summary judgment concerning the municipal-liability claim against the City. They also proposed a schedule for the motion and asked the court to set a trial date.

The order extended expert discovery to May 17, 2024, and approved the proposed summary-judgment briefing schedule: defendants' motion by April 29, plaintiff's opposition by May 31, and defendants' reply by June 7. The case was placed on the court's August 2024 trial-ready calendar, with a jury trial set to begin August 12, 2024, or on the first available date afterward. The final pretrial conference was set for July 30, 2024, and required pretrial materials were due July 15, 2024.

Judge Dale E. Ho granted the requests, directed the parties to submit the required materials, and asked the clerk to close docket entry 133. The order did not decide the proposed municipal-liability claim or the merits of the case.

The detailed version

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

Case
Dominguez v. City of New York · No. 1:21-cv-02302
Judge
Ho
Date
Apr. 15, 2024

Background

The defendants, represented by the New York City Law Department, and the plaintiff jointly requested changes to the case schedule. The defendants sought an extension, after missing the April 8 deadline, to file a limited motion for summary judgment addressing the plaintiff's municipal-liability claim against the City. The parties also sought additional time to finish the deposition of the defendants' expert witness. The letter stated that the parties consented to these requests and proposed a trial schedule.

Requested schedule

The proposed briefing schedule set April 29, 2024, as the deadline for defendants' motion; May 31, 2024, for the plaintiff's opposition; and June 7, 2024, for defendants' reply. The parties requested that expert discovery remain open through May 17, 2024, to complete up to one additional hour of the expert's deposition. The request referenced the Passover holiday and the production of a draft expert report during the deposition.

Court's order

The court marked the application “GRANTED.” It extended the expert-discovery deadline to May 17, 2024, and approved the parties' proposed summary-judgment briefing schedule. It placed the trial on the court's August 2024 trial-ready calendar and set the jury trial to begin on August 12, 2024, at 9:30 a.m. Eastern Time, or on the court's first available date afterward. The final pretrial conference was set for July 30, 2024. Both proceedings were to take place in Courtroom 905 of the Southern District of New York.

The parties were directed to submit by July 15, 2024, a joint pretrial order, other required submissions, evidentiary and other pretrial motions, exhibit lists, proposed jury-selection questions, a mutually acceptable description of the case, and a mutually acceptable overview of the applicable law. The clerk was asked to close docket entry 133. The order addressed scheduling and pretrial matters; it did not rule on the proposed summary-judgment motion or decide the municipal-liability claim.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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