Winfield v. DeRasso et al

Filing 51

ORDER denying 50 : See attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 11/16/2009. c/ecf (Miller, Dina) Modified on 11/17/2009: c/cmrr-p #7005 1820 0004 0258 2194 (Horbey, Eric).

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------------X JOAQUIN R. WINFIELD, Plaintiff, -againstROBERT DERASSO, et al., Defendants. -------------------------------------------------------------X LINDSAY, Magistrate Judge: Before the court is the pro se plaintiff's letter application dated November 3, 2009, essential seeking reconsideration of this court's October 27, 2009 order, which directed the defendants to respond to the plaintiff's interrogatories to the extent that the interrogatories did not seek privileged information. The defendants had objected to certain of the interrogatories because the interrogatories sought information about complaints filed against correction officers not named as defendants in this suit. The plaintiff now argue that the "allegations of privilege must fail because they are alone in clear discord with Local Civil Rules 26.2 (a)(1)(20(A) and (c)." The Local Civil Rule identified by the plaintiff requires a party asserting the privilege to provide the requesting party with a privilege log. Although the defendant had mentioned that the information being sought was privileged, the court had determined that information concerning complaints filed against correction officers not named in the suit was irrelevant, and thus, there is no basis for altering the court's October 27th order. The parties are reminded that all outstanding discovery must be exchanged by November 30, 2009 and the proposed joint pretrial order must be filed by December 18, 2009. The case will be returned to the District Judge upon receipt of the pretrial order. Dated: Central Islip, New York November 16, 2009 SO ORDERED: _________/s/_____________________ ARLENE R. LINDSAY United States Magistrate Judge ORDER CV 07-4570 (TCP)(ARL)