Kotler v. Boley et al

Filing 129

ORDER: Accordingly, because discovery closed on September 12, 2023, and because I lack authority to reopen discovery, I cannot grant Plaintiff's request. If Plaintiff needs to conduct additional discovery, he is directed to address his request to reopen discovery to Judge Karas. For the foregoing reasons, Plaintiff's request is DENIED. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 10/6/2023) (tg)

Case 7:17-cv-00239-KMK-VR Document 129 Filed 10/06/23 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------------X
Kerry Kotler,

10/6/2023

17-cv-239 (CS) (VR)
Plaintiff,

ORDER

-againstC. Boley, et al.,
Defendants.
----------------------------------------------------------------VICTORIA REZNIK, United States Magistrate Judge:
By letter, dated September 29, 2023, Plaintiff, pro se, “request[s] that the Court direct the
Clerk of the Court to issue a subpoena, or alternatively, that the Court issue an Order, directing
the Office of Dutchess County District Attorney, as a non-party to the action, to produce the
records it generated and maintains regarding the incident at issue” in this action. (ECF No. 128
at 1). Plaintiff explains that “records that just came into [his] possession” necessitate the instant
subpoena. (Id.).
However, discovery in this action closed on September 12, 2023. In January 2023, Judge
Karas entered a Case Management and Scheduling Order, which provided that discovery would
conclude on July 14, 2023, and that there would be “no extensions of the deadline for completion
of discovery past the date discovery is scheduled to be completed” without Judge Karas’s
permission. (ECF No. 75). In June 2023, Plaintiff wrote to Judge Karas, requesting “an
additional 60 days to complete discovery.” (ECF No. 103). Judge Karas granted the request but
stated that “there will [be] no further extensions of discovery under any circumstances.” (ECF
No. 109). Accordingly, because discovery closed on September 12, 2023, and because I lack

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Case 7:17-cv-00239-KMK-VR Document 129 Filed 10/06/23 Page 2 of 2

authority to reopen discovery, I cannot grant Plaintiff’s request. If Plaintiff needs to conduct
additional discovery, he is directed to address his request to reopen discovery to Judge Karas.
For the foregoing reasons, Plaintiff’s request is DENIED.
SO ORDERED.
DATED:

White Plains, New York
October 6, 2023

______________________________ 
VICTORIA REZNIK
United States Magistrate Judge

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