Daniel v. T & M Protection Resources LLC et al

Filing 88

OPINION AND ORDER re: 82 MOTION to Compel T&M Protection Resources LLC to to submit to the Court the CD(Audio Recordings) given to them by the plaintiff during discovery etc. filed by Otis A. Daniel. Accordingly, there is no legal basis on which I can order the defendant to submit any specific evidence to the Court. If plaintiff believes the recordings are essential to the fair consideration of the pending motion for summary judgment, he should make an application to Judge Engelmayer (on notice to defendant) for permission to file sur-reply papers, and if that permission is granted, he should submit appropriately authenticated transcripts of the recordings with his sur-reply papers. (Signed by Magistrate Judge Henry B. Pitman on 9/8/2014) Copies Sent By Chambers. (tro)

USDCSDNY
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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OTIS A. DANIEL,
Plaintiff,

12 Civ. 4384

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(PAE) (HBP)

OPINION
AND ORDER

-againstT & M PROTECTION RESOURCES LLC,
Defendant.

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PITMAN, United States Magistrate Judge:

By notice of motion dated August 22, 2014

(Docket Item

82), plaintiff moves to compel defendant to submit certain audio
recordings to the Court in connection with defendant's motion for
summary judgment.

For the reasons set forth below, plaintiff's

motion is denied.
Each party to a litigation has the right to determine
the content of its submissions to the court.

Just as plaintiff

has the right to determine the content of his submissions to the
Court, the defendant has the parallel right to determine the
content of its submissions.

Neither side has the right to tell

the other what it should submit to the Court.

Accordingly, there

is no legal basis on which I can order the defendant to submit
any specific evidence to the Court.

If plaintiff believes the recordings are essential to
the fair consideration of the pending motion for summary judgment, he should make an application to Judge Engelmayer (on
notice to defendant) for permission to file sur-reply papers, and
if that permission is granted, he should submit appropriately
authenticated transcripts of the recordings with his sur-reply
papers.
Dated:

New York, New York
September 8, 2014
SO ORDERED

HENRY PITMAN
United States Magistrate Judge
Copies transmitted to:
Mr. Otis A. Daniel
P.O. Box 1231
New York, New York

10150

Anthony Paduano, Esq.
Leonard Weintraub. Esq.
Paduano & Weintraub
9th Floor
1251 Avenue of the Americas
New York, New York 10020

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