Hernandez v. Llukaci et al

Filing 33

ORDER: regarding the # 26 Motion to Dismiss, based upon written and oral presentations of the parties and the Court's bench decision, it is hereby Ordered that 1) Defendants' counsel is directed to mail courtesy copies of defendants' request for the production of documents (Dkt. No. 26-2 at 1-6) and interrogatories (Dkt. No. 26-2 at 7-30) to the plaintiff at the address set forth in the court's records, 2) Within thirty-three days after the date of the mailing of those docu ments, plaintiff shall provide complete responses to the following discovery demands and, in the event that there are no responsive documents within his possession, custody, or control falling within the scope of any request, he shall so indicate by stating "None", 3) Plaintiff's responses to the interrogatories of Llukaci and Braun, as set forth above, shall be made under oath. Defendants' attorney is hereby directed to prepare and mail to plaintiff an oath form for his use in that regard, 4) The court reiterates the warning given to plaintiff during the recorded telephone conference, to the effect that his failure to completely answer the discovery demands listed will result in a recommendation to District Judge David N. Hurd that his complaint in this action be dismissed, 5) Except with respect to the foregoing, a protective order is hereby issued, pursuant to Rule 26(c) of Federal Rules of Civil Procedure, excusing plaintiff from the requirement of responding to defendants' request for the production of documents and the interrogatories of defendants Llukaci and Braun, other than those set forth herein, 6) To the extent defendants' motion (Dkt. No. 26) seeks dismissal of plaintiff's complaint , that motion is being addressed in a separately issued report and recommendation and 7) No costs or attorney's fees are awarded to defendants in connection with their pending motion. Signed by Magistrate Judge David E. Peebles on 8/23/2017. (Copy served upon the pro se plaintiff via regular mail) (jmb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK

JOSE L. HERNANDEZ,
Plaintiff,
v.

Civil Action No.
5:16-CV-1030 (GLS/DEP)

L. LLUKACI, Syracuse Police
Department ID #0582, et al.,
Defendants.

APPEARANCES:

OF COUNSEL:

FOR PLAINTIFF:
Jose L. Hernandez, Pro se
04002460
Onondaga County Correctional Facility
P.O. Box 143
Jamesville, NY 13078
FOR DEFENDANTS:
HON. JOSEPH E. FAHEY
Corporation Counsel
of the City of Syracuse
300 City Hall
233 East Washington Street
Syracuse, NY 13202

TODD M. LONG, ESQ.

ORDER
Currently pending before the court in connection with this civil rights
action brought by pro se plaintiff Jose L. Hernandez, pursuant to 42 U.S.C.
§ 1983, is a motion brought by the defendant seeking dismissal of
plaintiff's complaint for failure to prosecute and/or failure to comply with a
court discovery-related order. Dkt. No. 26. That motion was the subject of
a recorded telephone conference conducted on August 15, 2017. During
that conference I advised defendants' counsel that I would not recommend
to District Judge David N. Hurd that this action be dismissed at this
juncture, but that, in deference to his pro se status, plaintiff should be
given one final opportunity to provide requested discovery. I also indicated
specifically which portions of defendants' discovery demands must be
answered, and directed that proper responses be provided within thirtythree days after new courtesy copies of the discovery demands were
mailed by defendants' counsel to the plaintiff at his current location.
Based upon the written and oral presentations of the parties and the
court's bench decision, which is incorporated herein by reference, it is
hereby

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ORDERED as follows:
(1)

Defendants' counsel is directed to mail courtesy copies of

defendants' request for the production of documents (Dkt. No. 26-2 at 1-6)
and interrogatories (Dkt. No. 26-2 at 7-30) to the plaintiff at the address set
forth in the court's records.
(2)

Within thirty-three days after the date of the mailing of those

documents, plaintiff shall provide complete responses to the following
discovery demands and, in the event that there are no responsive
documents within his possession, custody, or control falling within the
scope of any request, he shall so indicate by stating "None":
Defendants' demand for documents: RFP Nos. 1,
4, 6, 7, 10, 11, 12, and 14.
Interrogatories of defendants Llukaci and Braun:
Nos. 2, 3, 4, 5, 6, 8, 11, 12, 14, 15, 17, 18, 19, and
20.
(3)

Plaintiff's responses to the interrogatories of Llukaci and

Braun, as set forth above, shall be made under oath. Defendants' attorney
is hereby directed to prepare and mail to plaintiff an oath form for his use
in that regard.
(4)

The court reiterates the warning given to plaintiff during the

recorded telephone conference, to the effect that his failure to completely
answer the discovery demands listed above will result in my
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recommendation to District Judge David N. Hurd that his complaint in this
action be dismissed.
(5)

Except with respect to the foregoing, a protective order is

hereby issued, pursuant to Rule 26(c) of Federal Rules of Civil Procedure,
excusing plaintiff from the requirement of responding to defendants'
request for the production of documents and the interrogatories of
defendants Llukaci and Braun, other than those set forth above.
(6)

To the extent defendants' motion (Dkt. No. 26) seeks dismissal

of plaintiff's complaint, that motion is being addressed in a separately
issued report and recommendation.
(7)

No costs or attorney's fees are awarded to defendants in

connection with their pending motion.

Dated:

August 23, 2017
Syracuse, NY

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