Hutter v. Schriro et al

Filing 236

ORDER re: 229 Affidavit in Support of Motion, filed by Steven Hutter, 234 Letter filed by Steven Hutter, 230 Response in Opposition to Motion,, filed by Harjinder Bhatti, C.O. Alkinston, Sikder Tahmina, Captain White, Monica Windl ey, Captain Barber, Warden Raino Hills, Allen Walker, Morales, Gloria Ihenacho, Nelson, Captain Flores, Shearn Glenda, P.A. Alves, Jessey Liburd, Warden Jeniings, Commissioner Dora Schriro, James Garrity, Jane SanJose. Before the Cour t is Mr. Hutter's motion to compel production of certain documents (dkt. no. 229), the Defendants' opposition (dkt. no. 230), and Mr. Hutter's reply (dkt. No. 234). (As further set forth herein this Order.) SO ORDERED. (Signed by Judge Loretta A. Preska on 4/7/2020) (va)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
STEVEN HUTTER,
Plaintiff,
v.

16 Civ. 6586 (LAP)

COMMISSIONER DORA SCHRIRO, et
al.,

ORDER

Respondent.

LORETTA A. PRESKA, Senior United States District Judge:
Before the Court is Mr. Hutter’s motion to compel production of
certain documents (dkt. no. 229), the Defendants’ opposition (dkt.
no. 230), and Mr. Hutter’s reply (dkt. No. 234).
First, it does not appear that the Law Department objected to
any portions of the subpoenas, and Mr. Hutter asserts that counsel
allowed time to pass without taking any action.

After one lawyer

left the office, the other lawyer on the case failed to follow up
with Mr. Hutter until he reached out.

Following Mr. Hutter’s filing

of this motion to compel, the Defendants produced, along with their
response, three pages of documents from the 2013 logbook records
without any explanation as to why they were produced so
late.

Needless to say, this sloppy practice is

unacceptable.

Indeed, it could constitute waiver of all objections

to the subpoenas.

The Law Department may not stonewall pro se

litigants.
Second, with respect to the documents requested, they do include
Duty Rosters for 2019, which seems to be different from the 2019
Employee Legal Schedule discussed by Defendants.

On the other hand,

the Court is unable to see the relevance of the 2019 Duty Roster when
the events at issue occurred in 2013, and Mr. Hutter was released in
2014.

To the extent that Mr. Hutter wishes to pursue his request for

the 2019 Duty Rosters (and other 2017 or 2019 documents), he shall
inform counsel and the Court of the relevance of those documents from
2017 and 2019.
Third, Mr. Hutter asserts that the prior affidavits of
unsuccessful efforts to locate documents “did not cover all of the
subject matter of these proceedings. . . .”

Mr. Hutter shall inform

counsel and the Court of which documents have not been covered in a
prior response by Defendants.
Fourth, Mr. Hutter asserts that he “had received documents from
L[aura] Mello, [,FOIL Officer for the Department of Corrections,]
that were claimed to be lost already in a flood.” Mr. Hutter shall
inform the Court of those documents and the prior response.
Fifth, Mr. Hutter states that he is still waiting for affidavits
with respect to efforts made to identify John Doe, the van

driver.

Defendants shall forward such affidavit(s) to Mr. Hutter

forthwith.

Counsel shall also forward to Mr. Hutter all previously-

filed affidavits with respect to efforts made to locate
documents.

Because these documents should be available to counsel

electronically, hard copies should be forwarded to Mr. Hutter within
ten calendar days, notwithstanding the stay.
Sixth, Defendants state that they have previously produced to
Mr. Hutter Motor Vehicle logs from July 21, 2013 through October 4,
2013, Bates Nos. DEF 908-910.

Mr. Hutter shall inform the Court why

such documents are not responsive to his request for EHPW Motor
Vehicle Usage Logs.
Finally, Mr. Hutter seeks “non-attorney fees” for “outside
assistance in certain matters for the reasons raised in the motion
papers.”

He shall inform counsel and the Court of the basis for such

a request and of the specifics of the “outside assistance” for which
he requests compensation.
A copy of this order has been mailed to Mr. Hutter.
SO ORDERED.
Dated:

New York, New York
April 7, 2020
__________________________________
LORETTA A. PRESKA
Senior United States District Judge