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

Filing 376

ORDER, The Court orders as follows: 1. In the event that Mr. Suhovsky no longer represents Defendants in this case, by February 16, 2024, he shall file a motion to withdraw his appearance. 2. In the event that Mr. Bonaparte now represents Defendant s in this case, by February 16, 2024, he shall file a notice of appearance. 3. By February 26, 2024, the parties shall meet and confer and file a joint letter (i) presenting any open discovery issues, and (ii) setting forth their position(s) as to whether a settlement conference would be productive, i.e., whether the parties settlement positions have materially changed since the last settlement conference on August 15, 2022 such that the parties believe the Court's assistance maybe helpful in achieving a settlement. 4. By February 13, 2024, Mr. Scola shall email this Order to Mr. Suhovsky and Mr. Bonaparte. SO ORDERED. ( Motions due by 2/16/2024.) (Signed by Magistrate Judge Sarah L. Cave on 2/12/24) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MARIANNE O’TOOLE, et al.,
Plaintiffs,
CIVIL ACTION NO. 15 Civ. 6885 (LTS) (SLC)

-v-

ORDER

CITY OF NEW YORK, et al.,
Defendants.
SARAH L. CAVE, United States Magistrate Judge.

The Court held a telephone conference in this matter today, Monday, February 12, 2024,
at 10:00 a.m. (See ECF Nos. 374–75 (the “Conference”)). John Scola, Jr, counsel for Plaintiffs,
appeared at the Conference. Stephen Suhovsky, counsel for Defendants, did not appear. After
waiting until 10:12 a.m. for Mr. Suhovsky to appear, the Court concluded the Conference.
Based on statements Mr. Scola made during the Conference, the Court understands that
(i) Mr. Suhovsky is no longer employed by the Office of the Corporation Counsel and no longer
represents Defendants in this case, (ii) the new attorney representing Defendants is Ernst
Bonaparte, who has not entered an appearance, and (iii) although discovery closed on July 15,
2020 (ECF No. 216; see ECF No. 265 (reopening fact discovery on February 5, 2021 for a limited
purpose); see also 351 (denying without prejudice Plaintiffs’ request to brief the Court on certain
issues, and holding that “[a]ny outstanding discovery . . . issues shall be addressed following
resolution of Plaintiffs’ motion for leave to amend”)), Plaintiffs have propounded additional
discovery requests to Defendants that remain outstanding. Accordingly, the Court orders as
follows:

1. In the event that Mr. Suhovsky no longer represents Defendants in this case, by
February 16, 2024, he shall file a motion to withdraw his appearance.
2. In the event that Mr. Bonaparte now represents Defendants in this case, by
February 16, 2024, he shall file a notice of appearance.
3. By February 26, 2024, the parties shall meet and confer and file a joint letter
(i) presenting any open discovery issues, and (ii) setting forth their position(s) as
to whether a settlement conference would be productive, i.e., whether the
parties’ settlement positions have materially changed since the last settlement
conference on August 15, 2022 such that the parties believe the Court’s assistance
maybe helpful in achieving a settlement.
4. By February 13, 2024, Mr. Scola shall email this Order to Mr. Suhovsky and
Mr. Bonaparte.
Dated:

New York, New York
February 12, 2024
SO ORDERED.

_________________________
SARAH L. CAVE
United States Magistrate Judge

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