J.L. v. New York City Department of Education et al

Filing 115

ORDER: NOW, THEREFORE, in order to protect public health, reduce unnecessary travel, and minimize the risk of exposure while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1; It is hereby ORDERED, pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), that all depositions in this action may be taken via telephone, video conference, or other remote means, and may be recorded by any reliable audio or audiovisual means. This o rder does not dispense with the requirements set forth in Fed. R. Civ. P. 30(b)(5), including the requirement that ("[u]nless the parties stipulate otherwise") the deposition be "conducted before an officer appointed or designated under Rule 28," and that the deponent be placed under oath by that officer. In light of the current pandemic, the court reporter may attend the deposition and administer the oath via the same remote means (e.g., telephone conference call o r video conference) used to connect all other remote participants, and so long as all participants (including the officer) can clearly hear and be heard by all other participants. It is further ORDERED, pursuant to Fed. R. Civ. P. 16(b)(4), tha t all unexpired deadlines for the completion of fact depositions, fact discovery, expert depositions, expert discovery, and/or all discovery are hereby EXTENDED for a period of 60 days, together with all post-discovery deadlines previously set by this Court. Nothing in this Order prevents the parties from seeking to further modify the pretrial schedule in this action in light of the COVID-19 pandemic (or for any other good cause). Prior to seeking such relief, the parties must, as always, meet and confer (via remote means) in a good faith effort to reach agreement on how best to fulfil the goals of Rule 1 while avoiding unnecessary health risks. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/16/2020) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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03/16/20

J.L., on behalf of J.P., et al.,
Plaintiffs,

17-CV-7150 (WHP) (KHP)
ORDER

-againstNEW YORK CITY DEPARTMENT OF
EDUCATION, et al.,
Defendants.
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KATHARINE H. PARKER, United States Magistrate Judge:

WHEREAS, the President of the United States has declared a national emergency due to
the spread of the COVID-19 virus; and
WHEREAS, the Centers for Disease Control have noted that the best way to prevent
illness is to avoid exposure to the COVID-19 virus;
NOW, THEREFORE, in order to protect public health, reduce unnecessary travel, and
minimize the risk of exposure while promoting the "just, speedy, and inexpensive
determination of every action and proceeding," Fed. R. Civ. P. 1;
It is hereby ORDERED, pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), that all depositions
in this action may be taken via telephone, videoconference, or other remote means, and may
be recorded by any reliable audio or audiovisual means. This order does not dispense with the
requirements set forth in Fed. R. Civ. P. 30(b)(5), including the requirement that ("[u]nless the
parties stipulate otherwise") the deposition be "conducted before an officer appointed or
designated under Rule 28," and that the deponent be placed under oath by that officer. In light

of the current pandemic, the court reporter may attend the deposition and administer the oath
via the same remote means (e.g., telephone conference call or video conference) used to
connect all other remote participants, and so long as all participants (including the officer) can
clearly hear and be heard by all other participants.
It is further ORDERED, pursuant to Fed. R. Civ. P. 16(b)(4), that all unexpired deadlines
for the completion of fact depositions, fact discovery, expert depositions, expert discovery,
and/or all discovery are hereby EXTENDED for a period of 60 days, together with all postdiscovery deadlines previously set by this Court.
Nothing in this Order prevents the parties from seeking to further modify the pretrial
schedule in this action in light of the COVID-19 pandemic (or for any other good cause). Prior to
seeking such relief, the parties must, as always, meet and confer (via remote means) in a good
faith effort to reach agreement on how best to fulfil the goals of Rule 1 while avoiding
unnecessary health risks.
SO ORDERED.
DATED:

New York, New York
March 16, 2020
______________________________
KATHARINE H. PARKER
United States Magistrate Judge

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