Thomas v. Nassau County Police Dept. et al

Filing 40

ORDER denying 34 Motion to Compel. For the reasons set forth in the attached order, the Motion to Compel 34 is denied. Defendants are directed to serve a copy of this order on pro se Plaintiff forthwith and electronically file proof of service thereafter. So Ordered by Magistrate Judge Anne Y. Shields on 7/6/2015. (Casalini, Rosalinde)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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STEVEN B. THOMAS,
Plaintiff,
-against-

ORDER
CV 12-4343 (JMA) (AYS)

NASSAU COUNTY POLICE DEPT.,
JOHN WELLENREUTHER,
Defendants.
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ANNE Y. SHIELDS, Magistrate Judge:
This is an action commenced pursuant to 42 U.S.C. §1983 alleging violation of Plaintiff’s
Eighth and Fourteenth Amendment rights. This court previously denied Plaintiff’s motion to
compel and for sanctions pursuant to Rule 37 of the Federal Rules of Civil Procedure. Docket
Entry (“DE”) 36. Plaintiff’s motion was denied without prejudice to renewal upon the
Defendants’ submission of a written response to the motion, detailing the basis for all objections
and describing the nature of the documents produced. The court further stated that, if necessary,
a discovery hearing and conference would be scheduled.
Defendants have timely submitted the required letter and the Plaintiff has not renewed his
motion. The Court has reviewed Defendants’ detailed submission and, in light of the Plaintiff’s
pro se status, considering his motion to have been renewed, hereby denies that motion.
Defendants have properly complied with the discovery requests. The Court directs counsel and
the pro se plaintiff to advise this court as to the status of this matter, and whether it is ready for
dispositive motion practice and/or trial. Defendants are directed to serve a copy of this order on
pro se Plaintiff forthwith. Proof of service shall thereafter be electronically filed.
Dated: Central Islip, New York

July 6, 2015
/s/
Anne Y. Shields
Anne Y. Shields
United States Magistrate Judge