Calvin Reed v. P.O. Andre Logan, et al.

Filing 46

ORDER: Consequently, it is hereby ORDERED that: (1) Plaintiff has waived his right to serve additional written discovery requests in this action. (2) Plaintiff shall respond to defendants' written discovery requests no later than April 15, 2024. If plaintiff fails to respond to defendants' requests by this deadline, substantial sanctions may be imposed, including the dismissal of his case. (3) All remaining fact discovery, including depositions, shall be completed no later than Ma y 15, 2024. (As further set forth herein.) Plaintiff is further reminded that the Court has scheduled a status conference for May 6, 2024, at 11:00 a.m. in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, Ne w York, New York 10007, which plaintiff must attend in person. See 2/1/24 Order, at 2. The pre-conference status letter is due no later than April 29, 2024. Id. If plaintiff believes that compelling circumstances warrant a further extension of his discovery deadlines, or needs to postpone or reschedule a conference or other court appearance, he must first contact defendants' attorney to request defendants' consent to the extension or adjournment, and then write to the Court to requ est its approval for the extension or adjournment. Plaintiff must do these things before the deadline expires or the court proceeding takes place. The Clerk of Court is respectfully directed to mail copies of this order to plaintiff at: 2111 South ern Boulevard Apt. 17A Bronx, NY 10460 and, 2759 Webster Ave Bronx, NY 10458. SO ORDERED. ( Fact Discovery due by 5/15/2024. Status Conference set for 5/6/2024 at 11:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 3/27/2024) (va)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

3/27/2024

CALVIN REED,
Plaintiff,
-against-

22-CV-10446 (JPC) (BCM)
ORDER

P.O. ANDRE LOGAN, et al.,
Defendants.
BARBARA MOSES, United States Magistrate Judge.
During a status conference on January 18, 2024 – at which plaintiff Calvin Reed failed to
appear – defendants reported that they served plaintiff with document requests and interrogatories
on November 27, 2023, making plaintiff's responses due 30 days later, on December 27, 2023. See
Fed. R. Civ. P. 33(b)(2), 34(b)(2)(A)). After the January 18 status conference, the Court issued an
order reminding plaintiff that it is "his responsibility to respond within the time set by the Federal
Rules of Civil Procedure" and warning that the continued failure to meet discovery deadlines could
result in "substantial sanctions," including the dismissal of his case. 1/18/2024 Order (Dkt. 43) at
1-2.
On February 1, 2024, the Court held another status conference, at which plaintiff again
failed to appear. See 2/1/24 Order (Dkt. 44) at 1.1 Defendants reported that plaintiff still had not
responded to their written discovery requests. Id. After the conference, the Court issued an order
directing him to respond to those requests no later than March 1, 2024. Id. (warning that "sanctions
may be imposed" for failure to comply). The Court further directed the parties to serve any

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Earlier that week, the Court's staff contacted plaintiff, as a courtesy, to make sure he was aware
of the date and time of the conference. Additionally, defendants' counsel reported that he spoke
with plaintiff in advance of the conference to remind him of the date and time. See 2/1/24 Order
at 1. However, on the morning of the conference, plaintiff contacted the Court's Pro Se Office to
report – for the first time – that he might not arrive in time due to a conflicting appointment. By
11:15, when plaintiff still had not arrived, the conference proceeded without him. Id.

If plaintiff believes that compelling circumstances warrant a further extension of his
discovery deadlines, or needs to postpone or reschedule a conference or other court appearance,
he must first contact defendants' attorney to request defendants' consent to the extension or
adjournment, and then write to the Court to request its approval for the extension or adjournment.
Plaintiff must do these things before the deadline expires or the court proceeding takes place.
The Clerk of Court is respectfully directed to mail copies of this order to plaintiff at:
2111 Southern Boulevard
Apt. 17A
Bronx, NY 10460
and,
2759 Webster Ave
Bronx, NY 10458
Dated: New York, New York
March 27, 2024

SO ORDERED.

________________________________
BARBARA MOSES
United States Magistrate Judge

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