Rucano v. Koenigsmann et al

Filing 122

ORDER: It is hereby ORDERED that plaintiff's motion to compel (Dkt. No. 119 ) is GRANTED IN PART as noted herein. Plaintiff's motion to compel is otherwise DENIED for the reasons stated on the record by the court during the March 9, 2018 c onference. It is further ORDERED that discovery remains open only for the limited purpose of the defendants complying with this order, and that the dispositive motion deadline is reset to May 11, 2018. Signed by U.S. Magistrate Judge Andrew T. Baxter on 3/9/2018. [Copy served upon pro se plaintiff via regular mail.] (nmk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_______________________________
ANTHONY RUCANO,

No. 9:16-CV-438 (MAD/ATB)

Plaintiff,
v.
MICHAEL KIRKPATRICK, et al.,
Defendants.
_______________________________
ANTHONY RUCANO, Plaintiff Pro Se
CHRISTOPHER J. HUMMEL, ASST. ATT’Y GEN., for Defendant
ANDREW T. BAXTER, U.S. MAGISTRATE JUDGE
ORDER
On March 9, 2018, this court conducted a stenographically-recorded telephone
conference in the above-captioned matter, during which it addressed plaintiff’s most recent
motion to compel (Dkt. No. 119), and defendants’ responsive papers (Dkt. No. 120). Based
on the submissions of parties and their arguments on the record, for the reasons stated on the
record by the court during the conference, and subject to the further guidance provided by the
court during that conference:
IT IS HEREBY ORDERED that plaintiff’s motion to compel (Dkt. No. 119) is
GRANTED IN PART, in that, by April 13, 2018:
1.

To the extent not previously produced, defendants are directed to disclose to

plaintiff (a) any directives, memoranda, e-mails, or other documents reflecting policies or
practices of DOCCS or its Clinton, Great Meadow, or Upstate Correctional Facilities
regarding the scheduling of dental appointments, that were in effect during the time period

relevant to plaintiff’s Fourth Amended Complaint;1 and (b) any Dental Waiting List
referencing plaintiff from Upstate Correctional Facility during the time period relevant to the
Fourth Amended Complaint.2
2.

Defendant Barney is directed to supplement her responses to Interrogatory Nos.

1 and 3 from plaintiff’s December 25, 2017 demands.
Plaintiff’s motion to compel (Dkt. No. 119) is otherwise DENIED for the reasons stated on
the record by the court during the March 9, 2018 conference. It is further
ORDERED that discovery remains open only for the limited purpose of the
defendants complying with this order, and that the dispositive motion deadline is reset to May
11, 2018.

Dated: March 9, 2018

1

Defense counsel is directed to request copies of such documents from the office of the
Director of Dental Services, DOCCS Central Health Services in Albany.
2

Redactions related, e.g., to the names of other inmate patients on a Dental Waiting List,
would be appropriate.
2