Kotler v. Boley et al

Filing 135

ORDER: On November 6, 2023, the Court held a telephonic Status Conference and heard oral argument on Plaintiff's motion. For the reasons explained during the Status Conference, the Court GRANTED Plaintiff's motion to reopen discovery. D iscovery has been reopened for the limited purpose of (1) serving a non-party subpoena on the Dutchess County District Attorney; and (2) serving a request for an interrogatory on Defendants, as discussed on the record. The Court will direct th e U.S. Marshals to serve the subpoena, to be returnable in 30 days. By no later than December 21, 2023, the parties must submit a joint letter to the Court with an update on the status of the subpoena and the interrogatory. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 11/7/2023) (ks)

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

11/7/2023

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

ORDER

-againstC. Boley, et al.,
Defendants.
----------------------------------------------------------------VICTORIA REZNIK, United States Magistrate Judge:
By letter, dated October 16, 2023, Plaintiff, pro se, moves to reopen discovery for the
limited purpose of: (1) “securing a subpoena that directs the Dutchess County District Attorney,
as a non-party to the action, to produce the records said office generated and maintains regarding
the incident subject of this litigation;” and (2) “direct[ing] defense counsel to disclose from
where the claim that the search was due to the receipt of an ‘anonymous letter,’ as counsel
represented on March 16, 2023” (at a prior Status Conference) or, in the alternative, to allow
Plaintiff to “serve a request for [an] interrogator[y] upon the defendants to acquire such
information.” (ECF No. 131). Defendants oppose Plaintiff’s motion. (ECF No. 134).
On November 6, 2023, the Court held a telephonic Status Conference and heard oral
argument on Plaintiff’s motion. For the reasons explained during the Status Conference, the
Court GRANTED Plaintiff’s motion to reopen discovery. Discovery has been reopened for the
limited purpose of (1) serving a non-party subpoena on the Dutchess County District Attorney;
and (2) serving a request for an interrogatory on Defendants, as discussed on the record. The
Court will direct the U.S. Marshals to serve the subpoena, to be returnable in 30 days. By no

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later than December 21, 2023, the parties must submit a joint letter to the Court with an update
on the status of the subpoena and the interrogatory.
SO ORDERED.
DATED:

White Plains, New York
November 7, 2023

______________________________ 
VICTORIA REZNIK
United States Magistrate Judge

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