VANCE v. STATE OF NEW JERSEY DIVISION OF LAW AND PUBLIC SAFETY,DIVISION OF STATE POLICE et al

Filing 23

MEMORANDUM/ORDER that Discovery is reopened for the limited purpose of permitting the plaintiff, within 40 days, to notice and conduct a deposition of Robert Best; administratively terminating 19 Motion to Dismiss; it may be restored to the calendar, without refiling, by the filing of a simple notice. Signed by Judge Kevin McNulty on 2/23/16. (DD, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

MICHAEL VANCE,

:

Civ. No. 12-4006 (KM)

Plaintiff,
MEMORANDUM AND ORDER

V.

NEW JERSEY STATE POLICE, et
al.
Defendants.

MCNULTY, U.S.D.J.:
In analyzing the defendants’ pending motion for summary judgment, I
have considered the plaintiff’s request to reopen discovery for the limited
purpose of deposing Robert Best. Plaintiff has submitted a document which he
claims establishes that Best changed his story as a result of police coercion. It
appears that Best could not be found when discovery was conducted, but that
he has been located. I believe that Best’s testimony would be helpful to round
out the picture on summary judgment, although I do not make a finding that it
is critical. I therefore authorize the reopening of discovery for 40 days, for the
limited purpose of permitting the plaintiff to notice and take a deposition of
Best, if possible.

ORDER
IT IS THEREFORE ORDERED, this 23d day of February, 2016, as
follows:
Discovery is reopened for the limited purpose of permitting the plaintiff,
within 40 days, to notice and conduct a deposition of Robert Best. The
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summary judgment motion (ECF no.

19; docketed as motion to dismiss

complaint) is administratively terminated. It may be restored to the calendar,
without refiling, by the filing of a simple notice. Any party may submit excerpts
of any deposition of Mr. Best with a letter brief, not to exceed two pages,
explaining the relevance.

HON. KEVIN MCNULTY, U.S. .J.

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