Vaughn v. New York City Transit Authority

Filing 113

ORDER: Plaintiff's request to stay this case further is DENIED. A conference regarding Defendant's motion to compel, ECF No. 92, and potential motion for sanctions for failure to appear for deposition are scheduled on March 25, 2025 at 10: 00 a.m. by telephone. The parties should contact Chambers using the Court's conference line, 646-453-4442 (Conference ID: 643 471 062#). Counsel for the Defendant is directed to advise Plaintiff of the contents of this Order as soon as practica ble. The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. (Telephone Conference set for 3/25/2025 at 10:00 AM before Magistrate Judge Henry J Ricardo.) (Signed by Magistrate Judge Henry J Ricardo on 3/10/2025) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

3/10/2025

PHILLIP A. VAUGHN,
Plaintiff,

ORDER

-v-

21-CV-7048 (AS) (HJR)

NEW YORK CITY TRANSIT AUTHORITY,
Defendant.
HENRY J. RICARDO, United States Magistrate Judge.
On December 6, 2024, Defendant New York City Transit Authority filed a
letter motion to compel Plaintiff Vaughn to produce certain documents. ECF No.
92. Plaintiff Vaughn filed no opposition to this letter motion. The Court scheduled
a pre-motion conference on December 19, 2024, which was adjourned to January 24,
2024 at Plaintiff’s request. See ECF Nos. 93, 95. On January 17, 2025, Defendant
filed a supplemental letter in support of its pending letter motion advising the
Court that Plaintiff failed to appear for his deposition. ECF No. 96. Plaintiff
responded by letter dated January 21, 2025, asking the Court not to impose
sanctions. ECF No. 97.
During the January 24 conference, Plaintiff asked the Court to adjourn the
conference for medical reasons, and the Court directed Plaintiff to file a status
report addressing his medical status and availability for a rescheduled pre-motion
conference. ECF No. 99. Plaintiff then asked to stay this action for medical
reasons. ECF No. 100. The Court stayed the case until March 3, 2025, directed

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Plaintiff to file a status report by that date, and, to the extent Plaintiff sought a
longer stay, directed Plaintiff to provide “sufficiently detailed information . . . to
justify a further stay.” ECF No. 104. On March 3, 2025, Plaintiff filed a letter
asking the Court to continue the stay and submitted documentation in support of
his request. See ECF Nos. 106, 110.
Plaintiff’s request to continue the stay of this action is DENIED for failure to
provide sufficiently detailed information to justify a further stay. In support of this
request, Plaintiff filed under seal a one-page letter from a healthcare professional
stating that Plaintiff is receiving unspecified outpatient treatment for an
unspecified condition, with no indication that such condition or treatment interferes
with his ability to proceed with this litigation. See ECF No. 110-1.
A conference is scheduled on March 25, 2025 at 10:00 a.m. by telephone. At
this conference, the parties should be prepared to address the issues raised in
Defendant’s pending motion to compel, ECF No. 92, and supplemental letter. ECF
No. 96.
Plaintiff is warned that failure to appear at this conference will result in the
Court (1) resolving Defendant’s unopposed letter motion, ECF No. 92, based on the
written submissions made by Defendant, and (2) granting leave for Defendant to
file a motion for sanctions for Plaintiff’s failure to appear for deposition, which
sanctions may include a recommendation that Plaintiff’s claims be dismissed.

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