Price v. Simmons et al

Filing 192

ORDER: Late last year, Plaintiff Kelly Price provided documentation indicating that numerous files had been deleted from two cell phones that she had turned over nearly nine years earlier to members of the Manhattan District Attorney's Office while the cell phones were in that Office's possession. (Dkt. #183). Having carefully considered both Ms. Price's submission (Dkt. #183), and the information provided by Ms. Price at the November 5, 2020 conference (Dkt. #181), the Cour t believes it is appropriate to hear from one or more representatives of the previously-dismissed members of the District Attorney's Office (the "DANY Defendants"). Accordingly, it is hereby ORDERED that counsel for the DANY Defenda nts and parties appear for a conference on September 17, 2021, at 10:00 a.m. The conference will proceed by videoconference, and instructions for accessing the conference will be provided to the parties separately. Currently, the Court does not co ntemplate needing to hear from the City Defendants or Ms. Price at the conference, although it may direct questions to either or both based upon the DANY Defendants' presentation. Counsel for the DANY Defendants should be prepared to address the following issues: and further set forth in this Order. (Status Conference set for 9/17/2021 at 10:00 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 8/31/2021) (rro)

Case 1:15-cv-05871-KPF Document 192 Filed 08/31/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
KELLY PRICE,
:
:
Plaintiff,
:
:
v.
:
:
THE CITY OF NEW YORK, et al.,
:
:
Defendants. :
:
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15 Civ. 5871 (KPF)
ORDER

KATHERINE POLK FAILLA, District Judge:
Late last year, Plaintiff Kelly Price provided documentation indicating
that numerous files had been deleted from two cell phones that she had turned
over nearly nine years earlier to members of the Manhattan District Attorney’s
Office while the cell phones were in that Office’s possession. (Dkt. #183).
Having carefully considered both Ms. Price’s submission (Dkt. #183), and the
information provided by Ms. Price at the November 5, 2020 conference (Dkt.
#181), the Court believes it is appropriate to hear from one or more
representatives of the previously-dismissed members of the District Attorney’s
Office (the “DANY Defendants”). Accordingly, it is hereby ORDERED that
counsel for the DANY Defendants and parties appear for a conference on
September 17, 2021, at 10:00 a.m. The conference will proceed by
videoconference, and instructions for accessing the conference will be provided
to the parties separately.

Case 1:15-cv-05871-KPF Document 192 Filed 08/31/21 Page 2 of 2

Currently, the Court does not contemplate needing to hear from the City
Defendants or Ms. Price at the conference, although it may direct questions to
either or both based upon the DANY Defendants’ presentation. Counsel for the
DANY Defendants should be prepared to address the following issues:
i.

Who at the District Attorney’s Office obtained the phones
from Ms. Price;

ii.

Who secured and/or vouchered the phones;

iii.

Where the phones were stored while they were in the
possession of the District Attorney’s Office;

iv.

Who had access to the phones while they were in the
possession of the District Attorney’s Office;

v.

What was done by or on behalf of the District Attorney’s
Office upon receiving the phones;

vi.

What happened to the files that were apparently deleted from
the phones;

vii.

Whether the District Attorney’s Office is in possession of the
files that were apparently deleted from the phones; and

viii.

Why the phones were not returned to Ms. Price until March
2020.

ix.

What Ms. Price was told by members of the District
Attorney’s Office as to why the phones were not being
returned to her prior to March 2020.

The City Defendants shall transmit a copy of this Order to counsel for
the DANY Defendants on or before September 3, 2021.
SO ORDERED.
Dated:

August 31, 2021
New York, New York

__________________________________
KATHERINE POLK FAILLA
United States District Judge
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