Caputi v. Topper Realty Corp. et al

Filing 31

Minute Order for proceedings held before Magistrate Judge Steven I. Locke: Motion hearing held on 2/12/2015. For the reasons set forth on the record, Defendant's motion 26 is granted in part and denied in part; Defendant's motion 28, to strike is denied. See attached Order for additional directives and deadlines. (Tape #2:07-2:40; 2:48-2:54.) (Gandiosi, Kristin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

CIVIL CONFERENCE
MINUTE ORDER

BEFORE: STEVEN I. LOCKE
U.S. MAGISTRATE JUDGE

DATE: 2/12/15
TIME: 2:00 pm

CASE: CV 14-2634(JFB) Caputi v. Topper Realty Corp. et al
TYPE OF CONFERENCE: MOTION
APPEARANCES:
For Plaintiff:

FTR: 2:07-2:40; 2:48-2:54

Mindy Kallus

For Defendant: Lisa Griffith

THE FOLLOWING RULINGS WERE MADE:
☐
Scheduling Order entered.

☐

The court has adopted and So Ordered the joint proposed scheduling order [
submitted by the parties.

☐

The Joint Pretrial Order is accepted for filing and the action is deemed ready for trial.
The action will be tried in accordance with the discretion and the trial calendar of the
District Judge.

☒

Other:

]

Defendant’s motion, DE [26], to compel discovery is decided as follows for the reasons set forth
on the record:
 That branch of the motion seeking to compel production of Plaintiff’s full federal and
state tax returns is DENIED without prejudice to renew, however, Plaintiff shall produce
any IRS Form W-2s not already produced and IRS Form 1099s she received during the
relevant time period;
 That branch of the motion seeking to compel production of records of Plaintiff’s credit
card activity is DENIED without prejudice to renew;
 That branch of the motion seeking to compel production of records of Plaintiff’s debit
card activity is GRANTED IN PART, insofar as Plaintiff shall produce records of her
ATM transactions for the period November 2011 to November 2013, and shall redact all
information other than the date, time, and location of such transactions;
 That branch of the motion seeking to compel production of records of Plaintiff’s cellular
phone usage is GRANTED IN PART, insofar as Plaintiff shall produce such records for
the period November 2011 to November 2013; and
 That branch of the motion seeking to compel production of records of Plaintiff’s
Facebook activity is GRANTED IN PART, insofar as Plaintiff shall produce, “any

specific references [made by Plaintiff on Facebook] to the emotional distress she claims
she suffered or treatment she received in connection with the incidents underlying her”
Complaint for the period from November 2011 to November 2013, together with any
postings “that refer to an alternative potential stressor” for the same time period, to the
extent applicable. Giacchetto v. Patchogue-Medford Union Free Sch. Dist., CV 11-6323,
293 F.R.D. 112, 116 (E.D.N.Y. 2013).`
Plaintiff is directed to preserve all of her Facebook postings for the duration of this litigation.
Defendant’s motion, DE [28], to strike Plaintiff’s response, DE [27], is DENIED with prejudice.
Plaintiff shall comply with the above rulings and produce the subject documents and information
on or before March 16, 2015.
Depositions shall be completed on or before May 15, 2015.
COURT APPEARANCES:
The following conference(s) will be held in courtroom 820 of the Central Islip courthouse:
5/11/2015 @ 2:00 pm

: Status conference
: Pretrial conference. A joint proposed pretrial order
must be electronically filed 3 days prior to this
conference.

SO ORDERED
/s/Steven I. Locke
STEVEN I. LOCKE
United States Magistrate Judge