Jennings v. Decker et al

Filing 35

ORDER regarding discovery process. Signed by Magistrate Judge David E. Peebles on 10/18/2017. (Copy served upon Tony Jennings via regular mail on 10/18/2017)(see)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------TONY JENNINGS
Plaintiff,

Civil Action No.
5:17-CV-0054 (LEK/DEP)

v.

JEREMY DECKER, et al.,
Defendants.
------------------------------------------------------------------APPEARANCES:

OF COUNSEL:

FOR PLAINTIFF:
TONY JENNINGS, Pro se
17-B-0816
Elmira Correctional Facility
P.O. Box 500
Elmira, NY 14902
FOR DEFENDANT:
HON. JOSEPH FAHEY
Interim Corporation Counsel
City of Syracuse Corporation Counsel
233 East Washington Street
Room 300 City Hall
Syracuse, NY 13202

RAMONA L. RABELER, ESQ.

DAVID E. PEEBLES
U.S. MAGISTRATE JUDGE
ORDER
As a result of an initial pretrial conference conducted in this action, a
uniform pretrial scheduling order (AUPSO@) was issued by the court on
October 17, 2017. Dkt. No. 34. That order directs, among other things, that
all discovery in the case be completed by March 30, 2018.
Discovery is a process by which the parties to an action may request
from other parties and, under certain circumstances, persons or entities
that are not parties, information that is relevant to the claims and defenses
in the case. Discovery is governed principally by Rules 26 through 37 of
the Federal Rules of Civil Procedure, and is conducted between the
parties without court intervention unless it becomes necessary to submit a
discovery dispute for resolution by the court. Absent an agreement
otherwise, each party typically must bear its own costs of conducting
discovery.
The discovery process typically begins with the exchange of
mandatory disclosures required under Rule 26(a) of the Federal Rules of
Civil Procedure. That rule directs each party to provide to all other parties
to the action the following information, without being asked, by a deadline
date specified by the court:
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(1) The identities of all persons likely to have
discoverable information that the disclosing party
may use to support its claims or defenses at trial.
This disclosure should also describe the subjects
of the information possessed by each potential
witness identified.
(2) A copy, or description by category and
location, of all documents in the party=s
possession, custody or control that it may use to
support its claims or defenses.
(3)
A computation of each category of damages
claimed by the disclosing party, together with an
indication of all documents or materials supporting
the damages disclosed; and
(4) The existence of any insurance agreement
available to satisfy any judgment entered in the
case.
Following this initial exchange of information, the parties may serve
interrogatories, pursuant to Rule 33 of the Federal Rules of Civil
Procedure, requesting that questions, not exceeding twenty-five in number
including subparts, be answered, under oath. The parties additionally may
request, also in writing, the production of documents falling into specified
categories, pursuant to Rule 34 of the Federal Rules of Civil Procedure.
These discovery requests must be sent directly to counsel for the party
from whom discovery is sought, and served on all other parties, through
counsel if represented, and should not be filed with the court. When
requesting discovery, including documents, you should note that the more
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specific your request, the more likely the information you seek will be
produced.
Generally speaking, parties must respond to discovery requests, in
writing, within thirty days. You should note that the local rules of this court
require that any discovery requests be served upon an opposing party at
least thirty days before the deadline for completion of discovery.
When making a discovery request, you should always keep the
original demand and send a copy of it to the opposing party. When
responding to discovery requests, you should keep the original and serve
a copy of the responses upon the requesting party. You should also be
aware that both the Federal Rules of Civil Procedure and the local rules of
this court prohibit the filing of any discovery materials with the court unless
and until it becomes necessary for the court to intervene and resolve a
discovery dispute that has arisen and cannot be settled through good faith
negotiation between the parties.
In addition to document demands and interrogatories, a party may
also seek to take the deposition upon oral examination of another party or,
with the aid of a subpoena pursuant to Rule 45 of the Federal Rules of
Civil Procedure to compel attendance of the deponent, a non-party
witness. Depositions which are governed by Rule 30 of the Federal Rules
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of Civil Procedure, are question and answer sessions in which persons
being deposed testify under oath or upon affirmation. The entirety of a
deposition, including both questions and answers, are transcribed by a
court reported and may also be videographed for later use in the litigation.
Unless the parties agree otherwise, depositions are limited in duration to
seven hours.
Another form of discovery involves requests for admissions. Under
Rule 36 of the Federal Rules of Civil Procedure, a party may serve on any
other party a written request to admit, for purposes of the pending action
only, a fact, the application of a law to fact, or an opinion about either. A
request for admissions may also be used to seek an admission concerning
the genuineness of a described document. Requests for admissions must
be served at least thirty days before the close of discovery, and must be
answered within thirty days of service, unless ordered otherwise by the
court.
From time to time, the need may arise for court intervention to
resolve a dispute that has arisen during the course of discovery. Before
requesting the court=s assistance in connection with a discovery dispute,
both the Federal Rules of Civil Procedure and the local rules of this court
require that the parties make a good faith effort to resolve their
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disagreement. When applying to the court for relief concerning discovery a
party will be required to certify that such good faith efforts have been
made, and must describe those efforts in some detail. It is also important
to note that before filing a motion to compel discovery the local rules of
this court require you to obtain court permission. To seek that permission
you should forward a letter to the court, with a copy being sent to all other
parties in the action, requesting a telephone conference and indicating in a
short, brief statement that it is a request for a discovery-related purpose.
The foregoing is hereby SO ORDERED

Dated:

October 18, 2017
Syracuse, NY

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