Coker v. Goldberg & Associates P.C. et al

Filing 58

ORDER At this juncture, and absent evidence to the contrary, the Court assumes that Defendants have complied with their obligations under Federal Rule of Civil Procedure 11 and are not requesting this stay in order to cause unnecessary delay in these proceedings. Similarly, the Court will not parse the nature of Katherine Zagone's degree or credentials at this point. Therefore, Defendants' request for a stay of Ms. Goldberg's deposition until after January 29, 2023, and to adjourn the associated discovery deadline is GRANTED. However, the Court is unlikely to grant any further extensions. IT IS HEREBY ORDERED that Ms. Goldberg shall sit for a deposition on February 6, 2023. The deposition of Plaintiff shall proceed a s previously scheduled. In light of the foregoing, the post-discovery pretrial conference previously scheduled for December 15, 2022 is adjourned to March 6, 2023, at 11:00 a.m. in Courtroom 20B of the Daniel Patrick Moynihan United States Courthou se, 500 Pearl Street, New York, New York, 10007. SO ORDERED. (Deposition due by 2/6/2023., Pretrial Conference set for 3/6/2023 at 11:00 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon.) (Signed by Judge Jennifer L. Rochon on 11/21/2022) (jca)

Case 1:21-cv-01803-JLR Document 58 Filed 11/21/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SADE COKER,
Plaintiff,
-against-

Case No. 21-cv-01803 (JLR)

GOLDBERG & ASSOCIATES P.C. and
JULIE GOLDBERG,

ORDER

Defendants.

JENNIFER L. ROCHON, United States District Judge:
On November 14, 2022, the Court ordered Defendant Julie Goldberg to sit for a
deposition on December 7, 2022, unless Defendants provided written substantiation from a
medical professional regarding the medical leave and Ms. Goldberg’s inability to be deposed on
December 7, 2022, and an explanation for the failure to advise the Court and Plaintiff’s counsel
as to the Defendant’s upcoming medical leave. On November 17, 2022, Defendants filed a letter
indicating that they had not alerted the Court to their client’s medical condition earlier as they
were previously unaware it would affect this litigation. ECF No. 56. Defendants also attached a
letter from Katherine M. Zagone, ND, providing her professional recommendation that Ms.
Goldberg take medical leave from November 28, 2022 until January 29, 2023. Id. On
November 18, 2022, Plaintiff filed a letter opposing Defendants’ request to stay discovery,
taking issue with Katherine Zagone’s credentials given that she purports to be a “Licensed
Naturopathic Doctor” whose title is “Medical Director, Sexual Wellness Expert,” and is not
listed under a “license search of physicians” on the California Department of Consumer Affairs
website. ECF No. 57.

Case 1:21-cv-01803-JLR Document 58 Filed 11/21/22 Page 2 of 2

At this juncture, and absent evidence to the contrary, the Court assumes that Defendants
have complied with their obligations under Federal Rule of Civil Procedure 11 and are not
requesting this stay in order to cause unnecessary delay in these proceedings. Similarly, the
Court will not parse the nature of Katherine Zagone’s degree or credentials at this point.
Therefore, Defendants’ request for a stay of Ms. Goldberg’s deposition until after January 29,
2023, and to adjourn the associated discovery deadline is GRANTED. However, the Court is
unlikely to grant any further extensions.
IT IS HEREBY ORDERED that Ms. Goldberg shall sit for a deposition on February 6,
2023. The deposition of Plaintiff shall proceed as previously scheduled.
In light of the foregoing, the post-discovery pretrial conference previously scheduled for
December 15, 2022 is adjourned to March 6, 2023, at 11:00 a.m. in Courtroom 20B of the
Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York,
10007.
Dated: November 21, 2022
New York, New York

SO ORDERED.

JENNIFER L. ROCHON
United States District Judge

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