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

Filing 398

ORDER granting 393 Letter Motion to Compel. Having considered the parties' submissions, the prior proceedings, the magnitude and complexity of this case, and the extent of discovery sought by the parties, the Court finds good cause to grant the protective order sought by Plaintiffs in Dkt. 393 pursuant to Fed. R. Civ. P. 26(c)(1)(B) and (D). Accordingly, with respect to Plaintiffs' forthcoming production of student files, Plaintiff need produce only (i) impartial hearing files, and (ii) documents Plaintiffs intend to rely on in support of and/or defense of their claims, but without prejudice to Defendants' right to request additional specific documents that in fairness ought to be produced based on the content of specific documents Plaintiffs produce on which they intend to rely on in support and/or defense of their claims. Further, Plaintiffs are not required to reproduce or categorize the City Defendants' document production.The Clerk of Court is respectfully directed to terminate the motion at Dkt. 393. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 10/3/2023) (mml)

Case 1:13-cv-04639-SHS-RWL Document 398 Filed 10/03/23 Page 1 of 2

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

10/3/2023

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

ROBERT W. LEHRBURGER, United States Magistrate Judge.
Having considered the parties’ submissions, the prior proceedings, the magnitude
and complexity of this case, and the extent of discovery sought by the parties, the Court
finds good cause to grant the protective order sought by Plaintiffs in Dkt. 393 pursuant to
Fed. R. Civ. P. 26(c)(1)(B) and (D). Accordingly, with respect to Plaintiffs’ forthcoming
production of student files, Plaintiff need produce only (i) impartial hearing files, and (ii)
documents Plaintiffs intend to rely on in support of and/or defense of their claims, but
without prejudice to Defendants’ right to request additional specific documents that in
fairness ought to be produced based on the content of specific documents Plaintiffs
produce on which they intend to rely on in support and/or defense of their claims. Further,
Plaintiffs are not required to reproduce or categorize the City Defendants’ document
production.
The Clerk of Court is respectfully directed to terminate the motion at Dkt. 393.

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Case 1:13-cv-04639-SHS-RWL Document 398 Filed 10/03/23 Page 2 of 2

SO ORDERED.

_________________________________
ROBERT W. LEHRBURGER
UNITED STATES MAGISTRATE JUDGE
Dated: October 3, 2023
New York, New York
Copies transmitted this date to all counsel of record.

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