Martin v. Designatronics Inc. et al

Filing 46

Minute Order for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Hearing on plaintiff's motion to compel 41 on November 19, 2018. Granting in part and denying in part 41 Motion to Compel. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 11/19/18. (Tomlinson, A.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
BEFORE:

A. KATHLEEN TOMLINSON
U.S. MAGISTRATE JUDGE

CIVIL CONFERENCE
MINUTE ORDER
DATE:
TIME:

11-19-2018
10:10 a.m. (17 minutes)

Martin v. Designatronics Inc., et al.
CV 17-4907 (DRH) (AKT)

TYPE OF CONFERENCE:

MOTION HEARING

APPEARANCES:

Plaintiff:

David Evan Gottlieb
Kenneth Daniel Walsh

Defendants:

Frank W. Brennan

FTR: 10:10-10:27
SCHEDULING:
Counsel are directed to contact Chambers (631-712-5760) to set up a telephone conference
within three days of Judge Hurley’s decision on the motion to dismiss if the motion is denied in whole
or in part.
THE FOLLOWING RULINGS WERE MADE:
1.

Today’s hearing was set to issue a decision on plaintiff’s pending motion to compel and the
opposition filed by defendants. See DE 41. The motion is GRANTED in limited part as
follows:
•

Defendants shall produce, by November 29, 2018, pay stubs, W-2 forms and any
payroll records for the plaintiff for the period during which he was employed (the Court
understands that defendants contest the “employment” relationship); and

•

Defendants shall produce year-end financial statements only for the years 2013 through
2017. These records shall also be produced by November 29, 2018.

The rest of the relief sought by the plaintiff is denied.
2.

All of the discovery in this case remains stayed pending the outcome of the pending motion
to dismiss.
SO ORDERED
/s/ A. Kathleen Tomlinson
A. KATHLEEN TOMLINSON
U.S. Magistrate Judge