Ware v. Brann et al

Filing 64

ORDER granting 63 Letter Motion for Discovery. SO ORDERED. The Clerk of Court is respectfully requested to mail a copy of this order to Pro Se Plaintiff: Walter Ware, DIN #22b1979, Five Points Correctional Facility, P.O. Box 119, State Rt. 96, Romulus, NY 14541. (Signed by Magistrate Judge Robert W. Lehrburger on 9/16/2022) (mml)

Case 1:21-cv-02028-PGG-RWL Document 64 Filed 09/16/22 Page 1 of 2

9/16/2022
THE CITY OF NEW YORK
HON. SYLVIA O. HINDS-RADIX
Corporation Counsel

LAW DEPARTMENT
100 CHURCH STREET
NEW YORK, NY 10007

DAVID S. THAYER
Assistant Corporation Counsel
t: [phone]
f: [phone]
e: [e-mail]

September 16, 2022

Via ECF
The Honorable Robert W. Lehrburger
United States District Court for the
Southern District of New York
500 Pearl Street
New York, NY 10007
Re: Ware v. Brann, et al., Case No. 21 CV 2028 (PGG)(RWL)
Dear Magistrate Judge Lehrburger:
I am an Assistant Corporation Counsel in the Office of the Corporation Counsel
of the City of New York, the Honorable Sylvia O. Hinds-Radix, attorney for the Defendants in
the above-referenced action. In light of Plaintiff’s recently completed deposition, I write to
respectfully request a 31-day extension of the time to complete discovery.
As the Court is aware, the scheduling of Plaintiff’s deposition has proven
somewhat difficult in this matter, as Plaintiff was transferred to the custody of the State and then
repeatedly moved before settling at his current facility. Then, when Plaintiff’s deposition was
finally begun on August 18, 2022, generator testing at Plaintiff’s facility so frequently disrupted
the deposition that it was stopped and continued to September 13, 2022, when it was completed.
With the benefit of his deposition, Plaintiff’s came into better focus, particularly
with respect to the harms he alleges he suffered as a result of his fear of exposure to COVID-19.
Specifically, Plaintiff now asserts that he has developed high blood pressure as a result of the
stress he endured while in custody. He testified that this diagnosis was made just before he was
transferred to the custody of the State. As such, the Defendants must request an update of the
medical records they have received from Correctional Health Services to date. Moreover,
Plaintiff’s medical records with the State will likewise need to be collected.

Case 1:21-cv-02028-PGG-RWL Document 64 Filed 09/16/22 Page 2 of 2

Additionally, during the course of Plaintiff’s deposition, it became clear that
Plaintiff is in possession of additional documents relevant to this action, again tied particularly to
his medical conditions. After discussing this with Plaintiff, he agreed to provide copies of these
documents to me.
In light of this additional material to be gathered, I respectfully request a 31-day
extension of the time by which to complete discovery. This would move the current deadline
from today, September 16, 2022, to October 17, 2022. After the deposition, Plaintiff and I
discussed an extension of the time by which to complete discovery and, upon my request for his
consent for a 30-day extension, he agreed to that extension. At that time, I did not realize that 30
days would result in the extended deadline falling on a Sunday. To avoid this, I therefore ask the
Court now for the instant 31-day extension.
I thank the Court for its attention to this matter.
Respectfully yours,
/s/ David S. Thayer
David S. Thayer

cc:

Via ECF
Walter Ware
DIN#22B1979
Five Points Correctional Facility
P.O. Box 119
State Rt. 96
Romulus, NY 14541
Plaintiff pro se

9/16/2022

The Clerk of Court is respectfully requested to mail a copy of this order to Pro Se
Plaintiff:
Walter Ware
DIN #22b1979
Five Points Correctional Facility
P.O. Box 119
State Rt. 96
Romulus, NY 14541

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