M.G. et al v. New York City Department of Education et al

Filing 378

ORDER: Accordingly: 1. The parties are free to propose and agree to stipulate to facts at any time to narrow issues in the case. 2. With the goal of narrowing issues and potentially discovery, the parties may move for partial summary judgment before the completion of discovery. If the opposing party responds with documents or information that should have been produced previously but was not, the moving party maintains all rights to move to preclude. Alternatively, the moving party may take further relevant discovery and have its summary judgment motion denied without prejudice to renewal after additional discovery is taken. 3. The meet and confer requirement with respect to discovery disputes is modifi ed as follows: communicating by email is sufficient, although direct phone discussions are still encouraged and likely necessary at times. The Court will not tolerate conduct that protracts the meet and confer process and will entertain letter motions to compel where a party is not being sufficiently responsive. 4. All discovery deadlines remain in place unless and until extended by order of the Court. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 8/11/2022) (tg)

Case 1:13-cv-04639-SHS-RWL Document 378 Filed 08/11/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------X
M.G., et al.,
:
:
Plaintiffs,
:
:
- against :
:
NEW YORK CITY DEPARTMENT OF
:
EDUCATION; NEW YORK CITY BOARD OF :
EDUCATION, et al.,
:
:
Defendants. :
---------------------------------------------------------------X

8/11/2022

13-cv-4639 (SHS) (RWL)
ORDER

ROBERT W. LEHRBURGER, United States Magistrate Judge.
The parties have proposed potential procedural mechanisms for expediting resolution
of issues that may narrow the case. The Court discussed this subject at length with the
parties and invited the parties to provide any additional comments by July 27, 2022. At
Plaintiffs’ request, that date was extended to August 3, 2022. No additional comments
have been filed. Accordingly:
1.

The parties are free to propose and agree to stipulate to facts at any time

to narrow issues in the case.
2.

With the goal of narrowing issues and potentially discovery, the parties may

move for partial summary judgment before the completion of discovery. If the opposing
party responds with documents or information that should have been produced previously
but was not, the moving party maintains all rights to move to preclude. Alternatively, the
moving party may take further relevant discovery and have its summary judgment motion
denied without prejudice to renewal after additional discovery is taken.

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Case 1:13-cv-04639-SHS-RWL Document 378 Filed 08/11/22 Page 2 of 2

3.

The meet and confer requirement with respect to discovery disputes is

modified as follows: communicating by email is sufficient, although direct phone
discussions are still encouraged and likely necessary at times. The Court will not tolerate
conduct that protracts the meet and confer process and will entertain letter motions to
compel where a party is not being sufficiently responsive.
4.

All discovery deadlines remain in place unless and until extended by order

of the Court.
SO ORDERED.

_________________________________
ROBERT W. LEHRBURGER
UNITED STATES MAGISTRATE JUDGE
Dated: August 11, 2022
New York, New York
Copies transmitted this date to all counsel of record.

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