Gray v. City of New York et al

Filing 150

MEMORANDUM AND ORDER dated 7/30/13 that plaintiff's application to renew his application to expedite the deposition of Dr. Williams is denied without prejudice. Plaintiff may renew his application if he can provide an affidavit or affirmation fr om someone with personal knowledge of Dr. Williams' condition and capabilities. Since that application relates to discovery, any such renewed application should be addressed to Magistrate Judge Pollak. ( Ordered by Judge Sandra L. Townes on 7/30/2013 ) (Guzzi, Roseann)

FILED

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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DR. SIMPSON GRAY,

Plaintiff,
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MEMORANDUM AND ORDER
10-CV-3039 (SLT)(CLP)

THE CITY OF NEW YORK, et al.,
Defendants.

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TOWNES, United States District Judge:
In her order dated May 29, 2013, Magistrate Judge Pollak denied plaintiff Simpson
Gray's application to e]{pedite the deposition of his psychologist, Dr. Charles Williams, but
stated that the parties could "revisit this issue if circumstances change." Plaintiff objected to
Judge Pollak's ruling and, in a Memorandum and Order dated June 17,2013, this Court found
plaintiffs objections to be without merit. This Court stated, however, that "[a]s provided in
Judge Pollak's May 29 Order, plaintiff may renew his application for an e]{pedited deposition if
he can provide competent evidence from someone with personal knowledge of Dr. Williams'
condition to establish that Dr. Williams is no longer working or in good health.
Plaintiff now seeks to renew his application to e]{pedite Dr. William's deposition on the
the basis ofa letter dated July 26, 2013, addressed to Mr. Gray and signed by Ana Muller Spina,
LCSW, the Clinical Manager of the Flushing Hospital Medical Center's Outpatient Mental
Health Clinic. That letter states only that Dr. Williams has "resigned" from the Clinic and
"won't be able to attend court." That letter does not state why Dr. Williams resigned or e]{plain
the basis for Ms. Spina's conclusion that Dr. Williams "won't be able to attend court." Even
assuming, arguendo, that Ms. Spina knows that Dr. Williams resigned for medical reasons, it is

unclear whether Ms. Spina - who is a Licensed Clinical Social Worker, not Dr. Williams' doctor
- is capable of offering an opinion regarding Dr. Williams' physical capabilities and the necessity
of expediting Dr. Williams' deposition.
For these reasons, plaintiffs application to renew his application to expedite the
deposition of Dr. Williams is denied without prejudice. Plaintiff may renew his application if he
can provide an affidavit or affirmation from someone with personal knowledge of Dr. Williams'
condition and capabilities. Since that application relates to discovery, any such renewed
application should be addressed to Magistrate Judge Pollak.
SO ORDERED:

/s/(SLT)

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Dated: July
,2013
Brooklyn, New York

tSANDRA L. TOWNES
United States District Judge