Rosario v. City of New York et al

Filing 424

ORDER: ORDERED that by July 27, 2022, Plaintiff shall file a letter explaining why Defendants' letter motion and accompanying exhibits should be afforded confidential treatment. And as set forth herein. (Signed by Judge Lorna G. Schofield on 7/23/2022) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
RICHARD ROSARIO,
:
Plaintiff,
:
:
-against:
:
CITY OF NEW YORK, et al.,
:
Defendants. :
:
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18 Civ. 4023 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, on July 19, 2022, Defendants filed a letter motion to compel Plaintiff to
produce communications with non-party witnesses (Dkt. No. 408).
WHEREAS, Plaintiff’s expert was directed to review Plaintiff’s phone, and if the expert
identified any responsive communications, Plaintiff was directed to produce such
communications, including any corresponding metadata, by July 22, 2022.
WHEREAS, on July 23, 2022, Defendants filed, under seal, a successive motion to
compel Plaintiff’s communications with non-party witnesses on the ground that Plaintiff’s
production was incomplete. It is hereby
ORDERED that by July 24, 2022, Plaintiff shall file a response to Defendants’ letter
motion that (i) provides an explanation as to why the expert could not identify or retrieve
responsive communications between Plaintiff and John Torres, and the extent to which further
investigation by the expert or another expert might be fruitful; (ii) explains the extent to which
Plaintiff was instructed not to destroy potentially responsive communications during the course of
this action; and (iii) states whether there are any additional, substantive responsive
communications between Plaintiff and/or Plaintiff’s counsel and non-party witnesses relating to
this case that have not been produced. It is further

ORDERED that by July 27, 2022, Plaintiff shall file a letter explaining why Defendants’
letter motion and accompanying exhibits should be afforded confidential treatment.
Dated: July 23, 2022
New York, New York

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