Fredricks v. Smith

Filing 41

ORDER granting in part and denying in part 40 Letter Motion for Discovery. By December 2, 2022, Plaintiff shall file a letter with the Court explaining his reasons for not appearing at the November 17 deposition. Defendant's request for a recommendation or order of dismissal is DENIED at this time without prejudice. Plaintiff is warned that failure to attend his rescheduled deposition may result in a recommendation of dismissal for failure to prosecute. The Court has also reviewed E CF 39. The Court is unable to read Plaintiff's handwriting. Plaintiff is directed to resubmit this letter in legible, readable form. The fact discovery deadline is extended to December 23, 2022. The Clerk of Court is respectfully directed to close ECF 40. SO ORDERED.. (Signed by Magistrate Judge Ona T. Wang on 11/18/2022) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------------x
NIGEL FREDRICKS,
:
:
Plaintiff,
:
:
-against:
:
CORRECTION OFFICER SMITH,
:
:
Defendant.
:
:
--------------------------------------------------------------x

21-CV-5669 (JGK) (OTW)
ORDER

ONA T. WANG, United States Magistrate Judge:
The Court has reviewed ECF 49.
Defendant maintains that Plaintiff did not appear for his deposition scheduled
November 17, 2022. Defendant further represents that they communicated multiple times with
Plaintiff’s facility, who informed Defendant that although Plaintiff was advised of his legal
proceedings and that he would need to be present for a video conference, “Plaintiff was
refusing to come out of his cell.” (See ECF 49 at 2). As a result, Defendant canceled the
scheduled Plaintiff’s deposition. Defendant now asks that Court enter an order or
recommendation of dismissal, or in the alternative, require Plaintiff to be present at a
rescheduled deposition and warn him that non-appearance may result in a dismissal of the
case.
By December 2, 2022, Plaintiff shall file a letter with the Court explaining his reasons for
not appearing at the November 17 deposition.

Defendant’s request for a recommendation or order of dismissal is DENIED at this time
without prejudice. Plaintiff is warned that failure to attend his rescheduled deposition may
result in a recommendation of dismissal for failure to prosecute.
The Court has also reviewed ECF 39. The Court is unable to read Plaintiff’s handwriting.
Plaintiff is directed to resubmit this letter in legible, readable form.
The fact discovery deadline is extended to December 23, 2022.
The Clerk of Court is respectfully directed to close ECF 40.
SO ORDERED.

Dated: November 18, 2022
New York, New York

s/ Ona T. Wang
Ona T. Wang
United States Magistrate Judge