Collins v. The State of New York et al

Filing 53

ORDER - 1) the plaintiff is directed to submit to further deposition in this case at a mutually convenient time and place on or before June 5, 2009, not to exceed one hour in duration, for the limited purpose of exploring whether or not she was sexua lly assaulted in the past while working at a facility operated by the NYS Department of Correctional Services. 2) The application filed by defendants for that relief, which includes sensitive medical information and which was filed electronically (Dkt. No. 51) is hereby withdrawn from the electronic docket and shall be instead be filed conventionally. 3) The Clerk is directed to forward copies of this order to the parties via ECF. Signed by Magistrate Judge David E. Peebles on 5/6/09. (mnm)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK ____________________________________ PENNY T. COLLINS, Plaintiff, vs. THE STATE OF NEW YORK, et al., Defendants. ____________________________________ APPEARANCES: FOR PLAINTIFF: CONNOR LAW OFFICE 440 South Warren Street Suite 703 Syracuse , NY 13202 FOR DEFENDANTS: HON. ANDREW M. CUOMO Office of the Attorney General State of New York 615 Erie Boulevard West Suite 102 Syracuse, NY 13204-2455 DAVID E. PEEBLES U.S. MAGISTRATE JUDGE ORDER Defendants in this action have applied to the court for leave to TIMOTHY P. MULVEY, ESQ. MARIA MORAN, ESQ. Assistant Attorneys General MAIREAD E. CONNOR, ESQ. OF COUNSEL: Civil Action No. 5:07-CV-0493 (NAM/DEP)

continue the deposition of plaintiff Penny T. Collins for the limited purpose of probing an issue which arose during the course of the deposition of her treating physician, Dr. John Alley. Dkt. No. 51. Plaintiff opposes defendants' application. Dkt. No. 52. A digitally recorded telephone conference was held on May 5, 2009 to address defendants' request. During that conference I issued a bench decision granting the motion, subject to conditions. Based upon the foregoing and the court's oral decision, which is incorporated herein by reference, it is hereby ORDERED as follows: 1) Plaintiff is directed to submit to further deposition in this case

at a mutually convenient time and place on or before June 5, 2009, not to exceed one hour in duration, for the limited purpose of exploring whether or not she was sexually assaulted in the past while working at a facility operated by the New York State Department of Correctional Services, as intimated by Dr. Alley. 2) The application filed by defendants for that relief, which

includes sensitive medical information and which was filed electronically (Dkt. No. 51) is hereby withdrawn from the electronic docket, and shall

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instead be filed conventionally. 3) The clerk is directed to promptly forward copies of this order to

the parties via electronic means.

Dated:

May 6, 2009 Syracuse, NY

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