Silk v. HCMC Legal, Inc. et al

Filing 39

ORDER denying 37 Letter Motion for Conference re: 37 LETTER MOTION for Conference re: Discovery Dispute addressed to Judge Katherine Polk Failla from Zachary Liszka dated 3/30/2021., 38 LETTER MOTION to Adjourn Conference Mediation Pursuant to the Courts Second Amended Standing Administrative Order (ECF 28) addressed to Judge Katherine Polk Failla from Zachary Liszka dated 3/31/2021. ; denying 38 Letter Motion to Adjourn Conference. The Court is in receip t of two related motions from Plaintiff in this matter: the first, a request for a conference regarding the adequacy of pre-mediation discovery (Dkt. #37); and the second, an application for the adjournment of mediation due to purported deficienci es in Defendants' pre-mediation discovery (Dkt. #38). The Court notes that issues regarding pre-mediation discovery should be addressed in the first instance with the mediator, as should requests for the adjournment of mediation. Should the p arties fail to resolve this matter in mediation, and proceed to plenary discovery, they may then raise discovery issues with the Court. Until then, the Court expects that the parties will discuss such issues with the mediator and participate in the mediation in good faith. Plaintiff's motions are therefore DENIED. The Clerk of Court is directed to terminate the motions at docket entries 37 and 38. (Signed by Judge Katherine Polk Failla on 3/31/2021) (nb)

Download PDF
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SCOTT SILK, Plaintiff, -v.- 20 Civ. 10389 (KPF) HCMC LEGAL, INC.; HC2, INC., d/b/a HIRE COUNSEL; and McDERMOTT WILL & EMERY LLP, ORDER Defendants. KATHERINE POLK FAILLA, District Judge: The Court is in receipt of two related motions from Plaintiff in this matter: the first, a request for a conference regarding the adequacy of premediation discovery (Dkt. #37); and the second, an application for the adjournment of mediation due to purported deficiencies in Defendants’ premediation discovery (Dkt. #38). The Court notes that issues regarding premediation discovery should be addressed in the first instance with the mediator, as should requests for the adjournment of mediation. Should the parties fail to resolve this matter in mediation, and proceed to plenary discovery, they may then raise discovery issues with the Court. Until then, the Court expects that the parties will discuss such issues with the mediator and participate in the mediation in good faith. Plaintiff’s motions are therefore DENIED. The Clerk of Court is directed to terminate the motions at docket entries 37 and 38. SO ORDERED. Dated: March 31, 2021 New York, New York KATHERINE POLK FAILLA United States District Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?