Lastra v. City Of New York et al

Filing 204

ORDER: For the reasons stated during the conference held on June 30, 2020: 1. By July 7, 2020, Defendants shall file a copy of the letter submitted to Plaintiff describing the sections of the patrol guide produced in response to his discovery reque sts to allow the Court to determine whether all sections of the patrol guide relevant to Plaintiff's have been produced. By July 21, 2020, Defendants must provide Plaintiff with any sections of the patrol guide that are both relevant to Plai ntiff's claims and were in effect when Plaintiff was arrested in 2014 not previously provided. 2. Plaintiff's request to take photographs of Precinct 8 is denied. 3. By July 21, 2020, Plaintiff shall produce any text messages, video rec ordings, or audio recordings relevant to his claims and not previously produced. Plaintiff is precluded from using any text messages, video recordings, or audio recordings not produced by that date as evidence in support of his claims. 4. By July 21, 2020, Plaintiff shall produce any factual evidence related to his alleged damages or loss of income. Plaintiff is precluded from using any factual evidence 7/1/2020 related to his alleged damages or loss of income not produced by that date as evidence in support of his claims. 5. By July 21, 2020, Plaintiff shall provide a fully executed HIPAA release for his neurologist, Dr. Fleming. 6. By July 21, 2020, Plaintiff shall provide a fully executed release for records from the arrest at issue in this case and for a list of his prior arrests, if any. 7. By August 31, 2020, all fact depositions must be completed. In light of the COVID-19 pandemic, the Court recognizes that some or all outstanding depositions may need to take place by video or telephonic means, and orders the parties to cooperate in ensuring that these depositions take place in a timely and efficient manner. The Court further reminds Plaintiff to comply with the parameters set in its prior order of October 7, 2019 (Dkt. 173), a copy of which is enclosed with this order. 8. All discovery in this matter shall be completed by August 31, 2020. Defense counsel shall send a copy of this order, along with any orders referenced herein, to Plaintiff by mail and by email within three (3) days and file proof such service on ECF. If counsel is unable to complete this mailing as a result of COVID-19 and related disruptions, counsel shall promptly notify the Court by letter filed on ECF., Deposition due by 8/31/2020., Discovery due by 8/31/2020. (Signed by Magistrate Judge Robert W. Lehrburger on 7/1/2020) (rj)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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JAMES LASTRA,
:
:
Plaintiff,
:
:
- against :
:
CITY OF NEW YORK, et al.,
:
:
Defendants.
:
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7/1/2020
16-cv-3088 (JGK) (RWL)
ORDER

ROBERT W. LEHRBURGER, United States Magistrate Judge.
For the reasons stated during the conference held on June 30, 2020:
1.

By July 7, 2020, Defendants shall file a copy of the letter submitted to

Plaintiff describing the sections of the patrol guide produced in response to his discovery
requests to allow the Court to determine whether all sections of the patrol guide relevant
to Plaintiff’s have been produced. By July 21, 2020, Defendants must provide Plaintiff
with any sections of the patrol guide that are both relevant to Plaintiff’s claims and were
in effect when Plaintiff was arrested in 2014 not previously provided.
2.

Plaintiff’s request to take photographs of Precinct 8 is denied.

3.

By July 21, 2020, Plaintiff shall produce any text messages, video

recordings, or audio recordings relevant to his claims and not previously produced.
Plaintiff is precluded from using any text messages, video recordings, or audio recordings
not produced by that date as evidence in support of his claims.
4.

By July 21, 2020, Plaintiff shall produce any factual evidence related to his

alleged damages or loss of income. Plaintiff is precluded from using any factual evidence

related to his alleged damages or loss of income not produced by that date as evidence
in support of his claims.
5.

By July 21, 2020, Plaintiff shall provide a fully executed HIPAA release for

his neurologist, Dr. Fleming.
6.

By July 21, 2020, Plaintiff shall provide a fully executed release for records

from the arrest at issue in this case and for a list of his prior arrests, if any.
7.

By August 31, 2020, all fact depositions must be completed. In light of the

COVID-19 pandemic, the Court recognizes that some or all outstanding depositions may
need to take place by video or telephonic means, and orders the parties to cooperate in
ensuring that these depositions take place in a timely and efficient manner. The Court
further reminds Plaintiff to comply with the parameters set in its prior order of October 7,
2019 (Dkt. 173), a copy of which is enclosed with this order.
8.

All discovery in this matter shall be completed by August 31, 2020.

Defense counsel shall send a copy of this order, along with any orders referenced
herein, to Plaintiff by mail and by email within three (3) days and file proof such service
on ECF. If counsel is unable to complete this mailing as a result of COVID-19 and related
disruptions, counsel shall promptly notify the Court by letter filed on ECF.
SO ORDERED.

_________________________________
ROBERT W. LEHRBURGER
UNITED STATES MAGISTRATE JUDGE
Dated: July 1, 2020
New York, New York