Moultry v. Rockland Psychiatric Center
Plaintiff: Diane M Moultry
Defendant: Rockland Psychiatric Center
Case Number: 1:2017cv04063
Filed: May 23, 2017
Court: US District Court for the Southern District of New York
Office: White Plains Office
Presiding Judge: Nelson Stephen Roman
Nature of Suit: Employment
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Plaintiff
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Date Filed Document Text
December 21, 2020 Opinion or Order Filing 56 ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to ensure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the fo llowing procedures will be followed for the resolution of discovery disputes: The party objecting to disclosure, claiming an insufficient response to a discovery request or asserting a privilege bears the burden of coming forward by bringing the disp ute to the attention of the Court as hereinafter set forth. In calculating when a dispute arises, the Court anticipates that the parties have complied with the Federal Rules of Civil Procedure and the Local Civil Rules of the United States District C ourts for the Southern and Eastern Districts of New York, in that the discovery demand or disclosure at issue and the adversary's response have been served. When a party determines it would need either to compel or preclude discovery, the party must within 3 business days attempt an amicable resolution of the dispute through a meet and confer with the opposing party. If the dispute is not affirmatively resolved after meeting and conferring, the objecting party then has 3 business days to br ing the issue to the attention of the court by a letter brief limited to two (2) double-spaced pages. Opposing parties have 3 business days thereafter to submit a two (2) page double-spaced answering letter brief. If appropriate, counsel may annex to the letter briefs relevant portions (only) of relevant documents. Written replies will not be accepted. If the court deems it necessary, the parties will have an opportunity to make oral replies to points made in the letter briefs on the return date of the matter. When a legal privilege is asserted as a basis for refusing to comply with a discovery demand, the party asserting the privilege has 3 business days to attempt an amicable resolution of the dispute through a meet and confer with the op posing party. If the dispute is not affirmatively resolved after meeting and conferring, the party asserting the privilege then has 3 business days to bring the issue to the attention of the court by a letter brief limited to two (2) double spaced pa ges, accompanied by a privilege log in full compliance with Local Rule 26.2, and an in camera submission of legible copies of any material to which the privilege is asserted. If privilege is asserted only to a portion of a document, the in camera sub mission of such document shall be highlighted to clearly identify the portion(s) of the document to which the privilege claim is addressed. If disclosure of the privilege log would result in a revelation of privileged information, the party assertin g the privilege shall file the log in camera with the court, and serve a redacted log on the adverse party. Opposing parties have 3 business days to serve and file an answering two (2) page double spaced letter brief. No written replies will be accep ted. If the court deems it necessary the parties will have an opportunity to make oral replies to points raised in the letter briefs on the return date of the matter. A party seeking to withhold responsive disclosures on the basis of a privilege must assert such privilege in writing no later than 30 days from the date when the documents are demanded, unless otherwise directed by the Court. If, in its on-going obligation to supplement disclosure, a party discovers additional documents, which it i ntends to withhold based upon a privilege, such privilege must be asserted by counsel no later than 5 business days after receipt of the documents from the client. Any failure to comply with the terms of this Order by not filing objections to discove ry, or assertions of privilege, in accordance with the time constraints, and in the form required by this Order, may result in waiver of legal rights and privileges. The time limitations set forth herein and in scheduling orders made by the court, wh ether oral or in writing, are to be strictly observed, and the parties and counsel are not authorized to extend any of the set time limitations without the prior approval of the court. On matters assigned for pre-trial supervision, any party wishing to file objections to a discovery ruling entered orally on the record shall, on the date of the ruling, order a transcript of the record setting forth the ruling. The transcript shall be ordered on a two (2) day expedited basis. The party then shall have fourteen (14) days from the date of the receipt of the record to file the objections with the assigned District Judge. A failure to order the record in accordance with these directions may result in a failure to timely file objections. The atten tion of counsel and the parties is respectfully directed to Federal Rule of Civil Procedure 30(d) regarding the conduct of depositions. If a privilege objection is raised at a deposition, counsel are directed to contact chambers by telephone during the deposition for a ruling. (Signed by Magistrate Judge Judith C. McCarthy on 12/21/2020) (nb)
May 28, 2020 Opinion or Order Filing 44 OPINION AND ORDER re: 40 MOTION to Dismiss Amended Complaint. filed by Rockland Psychiatric Center. For the foregoing reasons, Defendant's motion to dismiss is DENIED as to Plaintiffs discrimination and failure to promote clai ms, and GRANTED as to Plaintiffs hostile work environment and retaliation claims. Defendant shall file its answer within thirty days of this opinion, on or before June 29, 2020. The parties are directed to confer and prepare a proposed case schedu ling and discovery order (blank form attached hereto), for the Court's consideration, within thirty days thereafter, on or before July 29, 2020. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 40. Defendant is directed to mail a copy of this Opinion and Order to Plaintiff at the address listed on ECF, and to file proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 5/28/2020) (rj)
October 30, 2018 Opinion or Order Filing 29 OPINION & ORDER re: 27 MOTION to Dismiss . filed by Rockland Psychiatric Center., Accordingly, to those claims are dismissed. For the foregoing reasons, Defendant's motion to dismiss is GRANTED. Plaintiff's § 1981 and NYSHRL claims and time barred Title VII claims are dismissed with prejudice. Plaintiff's remaining claims are dismissed without prejudice. The Court notes that it appears that Plaintiff attempted to amend her Complaint but did not follow pr oper procedure. (See ECF No. 25.) Accordingly, Plaintiff is directed to file any amended complaint by December 14, 2018. The Plaintiff is reminded that under Rule 12(b)(6), a complaint must state a claim upon which relief can be granted. The Court respectfully directs the Clerk to terminate the motion at ECF No. 27 and to mail a copy of this Opinion to Plaintiff at her most recent address on ECF and to show proof of service on the docket. SO ORDERED. Amended Pleadings due by 12/14/2018. (Signed by Judge Nelson Stephen Roman on 10/30/2018) (rj) Transmission to Docket Assistant Clerk for processing.
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Plaintiff: Diane M Moultry
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Defendant: Rockland Psychiatric Center
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