Raymond et al v. The City of New York et al

Filing 265

ORDER granting 243 Letter Motion to Seal; terminating 244 Letter Motion for Leave to File Document; granting 246 Letter Motion to Seal; granting 248 Letter Motion to Seal; terminating 251 Letter Motion for Oral Argument. Pursuant to the discovery conference held today, February 5, 2021, the Court orders as follows:Except as noted further at (4) below, Fact Discovery is REOPENED for the limited purpose of permitting Plaintiffs to: (i) re-depose Defendant Constantin Tsachas; and (ii) depose Chief Joseph Fox (ret.) (together, "Final Depositions").a. The Final Depositions are limited in time to one-half day (3.5 hours) each, and limited in subject matter to the investigation for which audio recordings and additional docum ents were produced to Plaintiffs on November 16, 2020. (See ECF No. 244 at 1). b. Prior to the Final Depositions, the parties shall meet and confer regarding permissible exhibits to be used at the Final Depositions.The parties' Motions to Seal a re GRANTED as follows: a. Plaintiffs' Letter-Motion to Seal (ECF No. 243) is GRANTED, and accordingly Plaintiffs' Motion for Sanctions (ECF No. 244) shall remain visible only to the case participants.b. Defendants' Letter-Motion to Sea l (ECF No. 246) is GRANTED, and accordingly Defendants' Letter Response in Opposition to Plaintiffs' Motion for Sanctions (ECF No. 247) shall remain visible only to the case participants.c. Plaintiffs' Letter-Motion to Seal (ECF No. 24 8) is GRANTED, and accordingly Plaintiffs' Letter Reply in Support of Plaintiffs' Motion for Sanctions (ECF No. 249) shall remain visible only to the case participants. By Wednesday, February 10, 2021 at 5:00 pm, counsel for Defendants shal l email to the Court (at [e-mail]) a password-protected folder containing the complaint concerning the disciplinary investigations referenced in Plaintiffs' Motion to Compel ("Defendants' Ex Parte Submis sion"). (See ECF No. 256). The Court defers ruling on Plaintiffs' Motion to Compel until after reviewing Defendants' Ex Parte Submission.The Clerk of Court is respectfully directed to close ECF Nos. 24344, 246, 248, and 251. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/5/21) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
EDREWEENE RAYMOND, et al.,
Plaintiffs,
-v-

CIVIL ACTION NO.: 15 Civ. 6885 (LTS) (SLC)

THE CITY OF NEW YORK, et al.,

ORDER

Defendants.
SARAH L. CAVE, United States Magistrate Judge.
Before the Court are Plaintiffs’ Letter-Motion for Sanctions (“Motion for Sanctions”) (ECF
Nos. 243–44, 246–49, 251) and Plaintiffs’ Letter-Motion to Compel (“Motion to Compel”) (ECF
Nos. 255–56, 259, 262). Pursuant to the discovery conference held today, February 5, 2021, the
Court orders as follows:
1. Except as noted further at (4) below, Fact Discovery is REOPENED for the limited purpose
of permitting Plaintiffs to: (i) re-depose Defendant Constantin Tsachas; and (ii) depose
Chief Joseph Fox (ret.) (together, “Final Depositions”).
a. The Final Depositions are limited in time to one-half day (3.5 hours) each, and
limited in subject matter to the investigation for which audio recordings and
additional documents were produced to Plaintiffs on November 16, 2020. (See
ECF No. 244 at 1).
b. Prior to the Final Depositions, the parties shall meet and confer regarding
permissible exhibits to be used at the Final Depositions.
2. The parties’ Motions to Seal are GRANTED as follows:

a. Plaintiffs’ Letter-Motion to Seal (ECF No. 243) is GRANTED, and accordingly
Plaintiffs’ Motion for Sanctions (ECF No. 244) shall remain visible only to the case
participants.
b. Defendants’ Letter-Motion to Seal (ECF No. 246) is GRANTED, and accordingly
Defendants’ Letter Response in Opposition to Plaintiffs’ Motion for Sanctions (ECF
No. 247) shall remain visible only to the case participants.
c. Plaintiffs’ Letter-Motion to Seal (ECF No. 248) is GRANTED, and accordingly
Plaintiffs’ Letter Reply in Support of Plaintiffs’ Motion for Sanctions (ECF No. 249)
shall remain visible only to the case participants.
3. By Wednesday, February 10, 2021 at 5:00 pm, counsel for Defendants shall email to the
Court (at [e-mail]) a password-protected folder
containing the complaint concerning the disciplinary investigations referenced in
Plaintiffs’ Motion to Compel (“Defendants’ Ex Parte Submission”). (See ECF No. 256).
4. The Court defers ruling on Plaintiffs’ Motion to Compel until after reviewing Defendants’
Ex Parte Submission.
The Clerk of Court is respectfully directed to close ECF Nos. 243–44, 246, 248, and 251.
Dated:

New York, New York
February 5, 2021
SO ORDERED

_________________________
SARAH L. CAVE
United States Magistrate Judge

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