S.M. v. The City of New York et al
Case Number: 1:2020cv05164
Filed: October 30, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
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Date Filed Document Text
March 8, 2024 Opinion or Order Filing 148 ORDER: This order addresses the parties' letter at Dkt. 147. 1. The amended schedule of dates proposed therein is adopted. 2. The parties have indicated issues regarding fact depositions may be resolved and are not yet ripe; accordingly, the Court does not address those issues. 3. As for Plaintiff's four bulleted document items sought from the City (p. 4), no indication is provided that the City has refused or that there is any actual dispute. Accordingly, the Court does not addre ss those issues. 4. As for Plaintiff's three bulleted document items with respect to Good Shepherd (p.5), the explanations provided by defense counsel appear to be sufficient. If, however, after further discussions any of those issues remain liv e, the parties may raise them with the Court. 5. As for Defendants' requests for various authorizations and an independent medical examination (p.5), the letter does not indicate an impasse or an issue ripe for consideration. The Court concurs, however, that the authorizations and examination sought are the norm. 6. The Court also agrees that the parties' resources are best devoted to resolving this matter on acceptable but reasonable terms. The Court stands ready at any time to c ontinue assisting the parties in that regard and to move on from the earlier impasse. SO ORDERED. Copies transmitted this date to all counsel of record. (Expert Deposition due by 8/31/2024. Documant Discovery due by 3/29/2024. Fact Discovery due by 5/21/2024. Motions due by 9/30/2024.) (Signed by Magistrate Judge Robert W. Lehrburger on 3/8/2024) (mml)
February 22, 2024 Opinion or Order Filing 146 ORDER: As the parties have not agreed to resolution of this matter, the parties shall meet and confer and by March 7, 2024, shall jointly file a letter proposing a schedule for the remainder of discovery (both fact and expert) and identifying any pending discovery or other issues requiring the Court's attention. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 2/22/2024) (mml)
March 29, 2023 Opinion or Order Filing 111 OPINION AND ORDER: re: 85 FIRST MOTION to Dismiss for Permission to File Rule 12(c) Motion based upon Lack of Standing filed by Good Shepherd Services, 86 LETTER MOTION for Extension of Time to Complete Discovery. addressed to Judge J. Pau l Oetken from Jenny Lee dated June 28, 2022. filed by S.M. For the foregoing reasons, Good Shepherd Services' motion for judgment under Rule 12(c) and to dismiss for lack of standing (ECF No. 85) is DENIED. Plaintiff's letter motion for an extension of time to complete discovery (ECF No. 86) is GRANTED. Counsel for the parties shall file a joint status letter setting forth their proposals for further proceedings, including discovery, within 21 days of the filing of this order on the docket. The Clerk of Court is directed to close the motions at ECF Numbers 85 and 86. SO ORDERED. (Signed by Judge J. Paul Oetken on 3/29/2023) (ama)
March 25, 2022 Opinion or Order Filing 74 ORDER granting 66 JOINT LETTER MOTION for Discovery requesting an order authorizing the release of certain health and education records pertaining to Plaintiff. IT IS HEREBY ORDERED that the records in the possession, custody, or control of the entities specified below shall be released pursuant to 45 C.F.R. § 164.512(e)(1)(i) or 34 C.F.R. § 99.31(a)(9)(i)-(ii). IT IS FURTHER ORDERED that the records shall be released to Kirkland & Ellis LLP, 601 Lexington Ave., New York, NY 10 022; Georgia M. Pestana, Corporation Counsel of the City of New York, 100 Church Street, New York, NY 10007; and Rutherford & Christie LLP, 800 Third Ave., 9th Fl., New York, NY 10022, or their authorized representatives; IT IS FURTHER ORDERED that the records shall be designated CONFIDENTIAL pursuant to the Protective Order entered by this Court, ECF No. 58, and treated consistent therewith. (And as further set forth herein.)SO ORDERED.. (Signed by Judge J. Paul Oetken on 3/25/2022) (jca)
November 4, 2021 Opinion or Order Filing 58 STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge J. Paul Oetken on 11/4/2021) (kv)
July 26, 2021 Opinion or Order Filing 43 OPINION AND ORDER: re: 20 MOTION to Dismiss the Complaint filed by City Of New York, 16 MOTION to Dismiss filed by Good Shepherd Services. For the foregoing reasons, the City of New York and Good Shepherd's motions to dismiss are GRANTED with respect to the claims under 42 U.S.C. §§ 675(1) and 671(a)(22). In all other respects, Defendants' motions are DENIED. Defendants shall file answers to the remaining claims within 21 days after the date of this Opinion and Order. The Clerk of Court is directed to close the motion at Docket Numbers 16 and 20. SO ORDERED. (Signed by Judge J. Paul Oetken on 7/26/2021) (ama)
October 30, 2020 Opinion or Order Filing 29 ORDER: Defendant filed an Exhibit to a Declaration in Support of a Motion to Dismiss without any viewing restrictions. (Dkt. No. 17-2.) The Court respectfully directs the Clerk of Court to strike Defendant's Exhibit 2 to its Declaration in Support of a Motion to Dismiss. (Dkt. No. 17- 2.) The redacted version of the Exhibit remains available at Docket Number 28-1. So Ordered. (Signed by Judge J. Paul Oetken on 10/30/2020) (js)
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