Thompson v. Department of Correction et al

Filing 88

ORDER: For the reasons discussed during the conference, it is hereby ORDERED that: 1. No later than November 15, 2023, defendant shall serve plaintiff with an additional copy of its written discovery requests and file proof of such service on the docket. This will be the fifth time that defendant has served those requests on plaintiff. The Court does not intend to require defendant to serve the same requests a sixth or a seventh time. Plaintiff shall serve his responses to defendant� 39;s written discovery requests within one week of receiving them, and shall include, with his responses, a copy of the Monkeypox testing poster that he described during the conference. 2. No later than November 15, 2023, defendant shall contact att orney Gregory Accarino, counsel of record for defendants in Thompson v. City of New York, et al., Case No. 22-CV-1458 (S.D.N.Y.), to determine whether plaintiff's responses to defendant's written discovery requests in this case were mi stakenly sent to attorney Accarino. No later than November 17, 2023, defendant shall advise the Court on the result of its inquiry. With respect to plaintiff's written discovery requests, it is hereby ORDERED that: 3. No later than Novemb er 15, 2023, defendant shall file a copy of plaintiff's written discovery requests, in the form received from plaintiff (including the envelope) on the docket of this action. 4. Defendant shall make a diligent inquiry to obtain and produce co pies of any "court-orders from Manhattan Criminal Court Judge directing Riker's Island to have [plaintiff] tested for the monkeypox virus" that are in the possession, custody, or control of the New York City Department of Correction s (NYC DOC). (See Dkt. 84-1 at 1.) However, plaintiff is advised that since the orders may no longer be in the possession of the NYC DOC, he should also request copies from his criminal defense attorney. 5. Defendant shall make a diligent inquiry to obtain and produce any Monkeypox testing posters displayed in 2022 at or near the Anna M. Kross Center clinic (identified by plaintiff as C71). 6. Defendant shall produce records of plaintiff's 311 calls from October 2021 to October 2022, inclusive, concerning Monkeypox. It is further ORDERED that: 7. The deadline for all remaining written discovery is EXTENDED to December 29,2023. The deadline for all remaining fact discovery, including depositions, is EXTENDED to January 31, 2024. 8. The Court will hold a status conference on January 10, 2024, at 11:00 a.m., via teleconference. The parties shall dial [phone] and enter the access code 7746387 a few minutes before the scheduled time. No later than January 5, 20 24, defendant shall, after conferring with plaintiff, file a status letter outlining the progress of discovery to date. SO ORDERED. ( Depositions due by 1/31/2024., Discovery due by 12/29/2023., Fact Discovery due by 1/31/2024., Telephone Conference set for 1/10/2024 at 11:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 11/13/2023) (vfr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
KWAINE THOMPSON,
Plaintiff,
-against-

11/13/2023
21-CV-10371 (VEC) (BCM)
ORDER

CITY OF NEW YORK,
Defendant.
BARBARA MOSES, United States Magistrate Judge.
During today's telephonic status conference, plaintiff assured the Court that, since the last
conference on August 22, 2023, he received and responded to defendant's written discovery
requests as required. (See Dkt. 78 ¶ 4.) However, when informed that the Assistant Corporation
Counsel assigned to this case never received those responses, plaintiff speculated that his responses
might have been mailed to a different Assistant Corporation Counsel, who represents the City of
New York in another case filed by plaintiff. Plaintiff then requested another copy of defendant's
written discovery requests.
For the reasons discussed during the conference, it is hereby ORDERED that:
1.

No later than November 15, 2023, defendant shall serve plaintiff with an additional
copy of its written discovery requests and file proof of such service on the docket.
This will be the fifth time that defendant has served those requests on plaintiff. The
Court does not intend to require defendant to serve the same requests a sixth or a
seventh time. Plaintiff shall serve his responses to defendant's written discovery
requests within one week of receiving them, and shall include, with his responses,
a copy of the Monkeypox testing poster that he described during the conference.

2.

No later than November 15, 2023, defendant shall contact attorney Gregory
Accarino, counsel of record for defendants in Thompson v. City of New York, et al.,

Case No. 22-CV-1458 (S.D.N.Y.), to determine whether plaintiff's responses to
defendant's written discovery requests in this case were mistakenly sent to attorney
Accarino. No later than November 17, 2023, defendant shall advise the Court on
the result of its inquiry.
With respect to plaintiff's written discovery requests, it is hereby ORDERED that:
3.

No later than November 15, 2023, defendant shall file a copy of plaintiff's written
discovery requests, in the form received from plaintiff (including the envelope) on
the docket of this action.

4.

Defendant shall make a diligent inquiry to obtain and produce copies of any "courtorders from Manhattan Criminal Court Judge directing Riker's Island to have
[plaintiff] tested for the monkeypox virus" that are in the possession, custody, or
control of the New York City Department of Corrections (NYC DOC). (See Dkt.
84-1 at 1.) However, plaintiff is advised that since the orders may no longer be in
the possession of the NYC DOC, he should also request copies from his criminal
defense attorney.

5.

Defendant shall make a diligent inquiry to obtain and produce any Monkeypox
testing posters displayed in 2022 at or near the Anna M. Kross Center clinic
(identified by plaintiff as C71).

6.

Defendant shall produce records of plaintiff's 311 calls from October 2021 to
October 2022, inclusive, concerning Monkeypox.

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It is further ORDERED that:
7.

The deadline for all remaining written discovery is EXTENDED to December 29,
2023. The deadline for all remaining fact discovery, including depositions, is
EXTENDED to January 31, 2024.

8.

The Court will hold a status conference on January 10, 2024, at 11:00 a.m., via
teleconference. The parties shall dial [phone] and enter the access code
7746387 a few minutes before the scheduled time. No later than January 5, 2024,
defendant shall, after conferring with plaintiff, file a status letter outlining the
progress of discovery to date.

Dated: New York, New York
November 13, 2023
SO ORDERED.

________________________________
BARBARA MOSES
United States Magistrate Judge

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