Burks v. Stickney et al

Filing 57

ORDER: ORDERED that, (1) On or before July 1, 2017, defendants shall produce to plaintiff a list of all known investigations conducted of DOCCS employees at the Clinton Correctional Facility and in progress at any time between January 1, 2015 and A ugust 31, 2015, related to the issue of smuggling and/or secreting of contraband, or prisoner abuse, at the facility. Such list shall include the dates on which the investigation began and ended, state the subject of the investigation, and identi fy any DOCCS employees whose actions were investigated. (2) On or before July 1, 2017, the defendants shall advise plaintiff of the dates over which the investigation into the actions of defendant Chad Stickney, referred to in paragraph twelve of the declaration of Sean Mousseau (Dkt. No. 53-1), was conducted. (3) The foregoing requirements, and specifically the July 1, 2017 compliance date, shall be automatically stayed in the event of an appeal of this ruling to Senior District Judg e Frederick J. Scullin. (4) With the exception of the foregoing, plaintiff's motion to compel discovery (Dkt. No. 51 ) is DENIED. (5) No costs or attorney's fees are awarded to any party in connection with plaintiff's motion to compel. Signed by Magistrate Judge David E. Peebles on 6/14/17. (alh, )

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

MATTIEU BURKS,
Plaintiff,

Civil Action No.
9:16-CV-0759 (FJS/DEP)

v.
CHAD STICKNEY, et al.,
Defendants.

APPEARANCES:

OF COUNSEL:

FOR PLAINTIFF:
STOLL, GLICKMAN & BELLINA LLP
475 Atlantic Avenue, Third Floor
Brooklyn, New York 11217

LEO GLICKMAN, ESQ.

FOR DEFENDANTS:
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
The Capitol
Albany, NY 12224

DENISE P. BUCKLEY, ESQ.
Assistant Attorney General

DAVID E. PEEBLES
CHIEF U.S. MAGISTRATE JUDGE
ORDER
Currently pending before the court in connection with this matter is a
motion brought by plaintiff Mattieu Burks to compel discovery. Dkt. No. 51.
The subject of the motion are two requests demanding documents concerning

investigations of individuals employed by the New York State Department of
Corrections and Community Supervision ("DOCCS") and working at the
Clinton Correctional Facility concerning the smuggling and/or secreting of
contraband and prisoner abuse. Id. Defendants oppose plaintiff's motion. Dkt.
No. 53.
Oral argument was heard in connection with plaintiff's motion during a
recorded telephone conference held on June 13, 2017. At the close of the
conference I denied plaintiff's motion but ordered the production of certain
information deemed by the court to be relevant to plaintiff's claims. Based
upon the oral and written presentations of the parties and the court's bench
decision, which is incorporated herein by reference, it is hereby
ORDERED as follows:
(1)

On or before July 1, 2017, defendants shall produce to plaintiff a

list of all known investigations conducted of DOCCS employees at the Clinton
Correctional Facility and in progress at any time between January 1, 2015 and
August 31, 2015, related to the issue of smuggling and/or secreting of
contraband, or prisoner abuse, at the facility. Such list shall include the dates
on which the investigation began and ended, state the subject of the
investigation, and identify any DOCCS employees whose actions were
investigated.
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(2)

On or before July 1, 2017, the defendants shall advise plaintiff of

the dates over which the investigation into the actions of defendant Chad
Stickney, referred to in paragraph twelve of the declaration of Sean Mousseau
(Dkt. No. 53-1), was conducted.
(3)

The foregoing requirements, and specifically the July 1, 2017

compliance date, shall be automatically stayed in the event of an appeal of
this ruling to Senior District Judge Frederick J. Scullin.
(4)

With the exception of the foregoing, plaintiff's motion to compel

discovery (Dkt. No. 51) is DENIED.
(5)

No costs or attorney's fees are awarded to any party in connection

with plaintiff's motion to compel.
Dated:

June 14, 2017
Syracuse, New York

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