Burris v. Nassau County et al

Filing 16

ORDER re 13 14 15 : see attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 2/14/2012. c/ecf (Johnston, Linda)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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DARIUS BURRIS,
Plaintiff,
-against-

ORDER
CV 11-0119 (SJF)(ARL)

NASSAU COUNTY, et al.,
Defendants.
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LINDSAY, Magistrate Judge:
Before the court is plaintiff’s letter application dated February 9, 2012, seeking an order (i)
holding defense counsel in contempt for interfering with the deposition of employees of the
Nassau County Sheriff’s Department and Nassau County University Medical Center; (ii) imposing
sanctions against defense counsel; (iii) awarding plaintiff’s costs; and (iv) compelling defense
counsel to reschedule said depositions by a date certain. In response, defense counsel (i) asserts
that the depositions of the employees at Nassau County Sheriff’s Department are parties; (ii) seeks
a court order to take the incarcerated plaintiff’s deposition; and (iii) requests a conference to
discuss these issues. Upon review of the submissions, the court concludes that a conference is not
necessary at this time.
The motion for contempt, sanctions and costs is denied. Plaintiff’s motion is granted to the
extent it seeks to conduct the depositions by a date certain. It appears from the submissions that
plaintiff’s counsel sought to conduct the depositions in question over a two day period. Counsel
for the defendant is directed to contact plaintiff’s counsel by February 22, 2012 to provide
suggested dates for the depositions. With respect to the deposition of plaintiff, defense counsel is
directed to submit a proposed order for the court’s review and signature which meets the
requirements of the Department of Corrections.
To permit the parties’ compliance with this order, the court will grant an extension of the
scheduling order. All discovery, inclusive of expert discovery, must be completed by April 23,
2012. `The deadline to commence dispositive motion practice is May 7, 2012. The final
conference remains scheduled for May 21, 2012 at 11:00 a.m. The parties are reminded to
electronically file a proposed joint pretrial order prior to the final conference.
Dated: Central Islip, New York
February 14, 2012

SO ORDERED:
/s
ARLENE R. LINDSAY
United States Magistrate Judge