Henry v. The City of New York et al

Filing 102

ORDER denying 101 Letter Motion to Stay. Defendants' request for a 60-day stay is DENIED, provided however that the Court extends the deadline of fact discovery until July 28, 2020 for the limited purpose of completing the three remaining depositions of Officer Carero, Sergeant Figuereo and Lieutenant Hernandez. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 5/28/2020) (js)

Case 1:17-cv-03450-JGK-SDA Document 102 Filed 05/28/20 Page 1 of 2

5/28/2020

JAMES E. JOHNSON
Corporation Counsel

THE CITY OF NEW YORK

LAW DEPARTMENT
100 CHURCH STREET
NEW YORK, NY 10007

MARYBETH ALLEN
Senior Counsel
Phone: [phone]
Fax: [phone]
Email: [e-mail]

May 27, 2020
VIA ECF
Honorable Stewart D. Aaron
United States Magistrate Judge
United States District Court
Southern District of New York
500 Pearl Street
New York, New York 10007
Re:

Levar Henry v. City of New York, et al.
17 Civ. 3450 (JGK) (SDA)

Your Honor:
I am a Senior Counsel in the Special Federal Litigation Division of the New York City
Law Department, and the attorney assigned to the defense of the instant matter. Defendants write
to request a 60-day stay of litigation, from May, 29, 2020 to and including July 28, 2020. This is
the first request for a stay of litigation and Plaintiff consents to this request. 1
On March 26, 2020, the Court granted the parties’ joint application to extend discovery to
and including May 29, 2020, due to the public health emergency which prevented the parties
1

On October 31, 2019, the Court granted the parties’ joint request to extend the time to complete fact
discovery from November 28, 2019 to and including January 9, 2020. (Order dated October 31, 2019,
ECF No. 92). On January 10, 2020, the Court granted the parties’ second request to extend time to
complete fact discovery to March 9, 2020, due to scheduling conflicts and the resignation of the
previously assigned assistant corporation counsel. (Order dated January 10, 2020, ECF No. 96). On
March 4, 2020, Defendants sought a further 3-week extension from March 9, 2020 to and including
March 30, 2020 for the limited purpose of completing the four remaining depositions, which the Court
granted but also ordered that no further extensions would be granted. (Order dated March 4, 2020, ECF
No. 98). The Executive Orders from the Mayor and Governor mandating social distancing and work
from home went into effect before that deadline. Accordingly, on March 26, 2020, the parties made
another application.

Case 1:17-cv-03450-JGK-SDA Document 102 Filed 05/28/20 Page 2 of 2

from completing the three remaining depositions that were scheduled. See Order dated March
26, 2020, ECF No. 100. At the time that March 26th application was made, neither party
anticipated that the social distancing restrictions imposed by the local, state and federal
governments would still be in place at this time.
The depositions of three members of the New York City Police Department(“NYPD”),
Officer Carrero, Sergeant Figuereo and Lieutenant Hernandez, remains to be taken. However,
due to limited and currently strained resources of NYPD and the need for its available officers to
enforce penal, administrative and other laws, NYPD has limited all officers’ availability to
essential purposes only, which does not include depositions in civil matters. Further, while we
know that remote depositions are possible, precincts are not yet equipped to allow an officer to
sit for a video deposition, should NYPD lift the restrictions on officers’ availability. The use of a
camera or streaming video from inside of a police precinct raises significant concerns with
respect to the privacy interest of arrestees and victims who may be present at that location and
the confidentiality of privileged material that may be visible. As such, the Officers to be deposed
are not available, in person or remotely, before discovery closes on May 29, 2020. Additionally,
Plaintiff’s counsel continues to work remotely.
Accordingly, the parties respectfully request a 60-day stay of litigation, from May 29,
2020 to and including July 28, 2020, and the parties will provide the Court with a status report no
later than July 28, 2020.
Defendants thank the Court for its time and consideration herein.
Defendants' request for a 60-day stay is DENIED,
provided however that the Court extends the deadline
of fact discovery until July 28, 2020 for the limited
purpose of completing the three remaining depositions
of Officer Carrero, Sergeant Figuereo and Lieutenant
Hernandez. SO ORDERED.
Dated: May 28, 2020
cc:

VIA ECF
Joseph Kolatch, Esq.
Attorney for Plaintiff
Paul, Weiss, Rifkind, Wharton & Garrison LLP
1285 Avenue of the Americas
New York, New York 10019-6064

2

Respectfully submitted,
MaryBeth Allen /s
MaryBeth Allen
Senior Counsel
Special Federal Litigation Division