Doe et al v. State Of New York et al

Filing 69

MEMORANDUM ORDER: Counsel for the plaintiff has responded 67 to the court's 66 order to show cause. The court will accept the excuse one time. The plaintiff is afforded one final opportunity to serve initial document requests and interrog atories on the defendant George Pataki within 21 days. The plaintiff's counsel is ordered to serve a copy of the attached order on his client forthwith, and to file a certificate of service in the record. Ordered by Magistrate Judge Viktor V. Pohorelsky on 7/16/2013. (Newton, Joan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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K. DOE,
Plaintiff,
-v-

MEMORANDUM ORDER
CV-10-1792 (RJD)(VVP)

GEORGE PATAKI, in his individual capacity,
Defendant.
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Counsel for the plaintiff has responded to the court’s order to show cause why the
plaintiff should not be precluded from serving interrogatories and document requests on the
defendant George Pataki for his failure to comply with the court’s scheduling orders. The
excuse provided by counsel – law office failure – is one heard all too often by the court, and
it has become particularly unpersuasive in an age when the court’s docket can be checked
quickly and easily online. Nevertheless, the court will accept the excuse one time. Law
office failure will not serve hereafter to excuse the plaintiff’s counsel’s nonperformance of any obligations in this case.
Accordingly, the plaintiff is afforded one fin al opportunity to serve initial document
requests and interrogatories on the defendant George Pataki within 21 days. Deadlines for
the service of initial discovery requests on the defendants who have been properly named in
the Third Amended Complaint recently permitted by Judge Dearie will be addressed at the
next conference in this case on September 18, 2013 at 10:00 a.m.
The plaintiff’s counsel is ordered to serve a copy of this order on his client fo rth w ith ,
and to file a certificate of service in the record.
SO ORDERED:

Viktor V. Pohorelsky
VIKTOR V. POHORELSKY
United States Magistrate Judge
Dated:

Brooklyn, New York
July 16, 2013