Braxton/Obed-Edom v. The City of New York et al

Filing 147

ORDER: NOW, THEREFORE, it is hereby ORDERED as follows: 1. The parties shall have sixty (60) days from the date of this Order to conduct discovery, including any document discovery or depositions, regarding Plaintiff 9;s mental capacity at the time he signed the Release and the circumstances of his counsel's involvement. This may include, but is not limited to, third-party discovery from the Central New York Psychiatric Center and Tracie A. S undack, Esq. 2. In light of recent public health developments and pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure, any depositions in this action may be taken via telephone, videoconference or other remote means. In addition, pursuant to Rule 30(b)(5), a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. 3. No later than seven (7) days following the completion of such discovery, De fendant shall notify the Court whether it intends to make any dispositive motion with respect to Plaintiff's mental capacity and the validity of the Release. If so, Defendant shall, include in its letter a proposed briefing schedule. A copy of this Order will be mailed to the pro se Plaintiff by Chambers. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 4/8/2020) (js)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

4/8/2020

B. Braxton/Obed-Edom,
Plaintiff,
-against-

1:17-cv-00199 (GBD) (SDA)
ORDER

The City of New York et al.,
Defendants.
STEWART D. AARON, United States Magistrate Judge:
WHEREAS, on March 19, 2020, District Judge Daniels entered a Memorandum and Order
recommitting this matter to the undersigned for further analysis regarding whether Plaintiff
was mentally incapable of entering into the August 2018 General Release (the “Release”),
which otherwise would bar his claims in this action, and, if so, the circumstances of Plaintiff’s
counsel’s involvement in the signing of the Release, which may affect the validity of the
contract (see Mem. & Order, ECF No. 146); and
WHEREAS, the undersigned deems it appropriate for the parties to conduct discovery
regarding the foregoing.
NOW, THEREFORE, it is hereby ORDERED as follows:
1. The parties shall have sixty (60) days from the date of this Order to conduct
discovery, including any document discovery or depositions, regarding Plaintiff’s
mental capacity at the time he signed the Release and the circumstances of his
counsel’s involvement. This may include, but is not limited to, third-party discovery
from the Central New York Psychiatric Center and Tracie A. Sundack, Esq.

2. In light of recent public health developments and pursuant to Rules 30(b)(3) and
30(b)(4) of the Federal Rules of Civil Procedure, any depositions in this action may be
taken via telephone, videoconference or other remote means. In addition, pursuant
to Rule 30(b)(5), a deposition will be deemed to have taken place “before an officer
appointed or designated under Rule 28” if such officer attends the deposition using
the same remote means used to connect all other participants, so long as all
participants (including the officer) can clearly hear and be heard by all other
participants.
3. No later than seven (7) days following the completion of such discovery, Defendant
shall notify the Court whether it intends to make any dispositive motion with respect
to Plaintiff’s mental capacity and the validity of the Release. If so, Defendant shall,
include in its letter a proposed briefing schedule.
A copy of this Order will be mailed to the pro se Plaintiff by Chambers.
SO ORDERED.
DATED:

New York, New York
April 8, 2020
______________________________
STEWART D. AARON
United States Magistrate Judge

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