Murray v. The Dutchess County Department of Public Works et al

Filing 95

ORDER with respect to 94 Letter Motion for Local Rule 37.2 Conference. Counsel for Plaintiff is directed to file a letter, no longer than two double-spaced pages, explaining precisely why Ms. Blackburn must be deposed in this matter. That letter shall be filed by 5:00 p.m. on August 16, 2021. Counsel for Defendants shall respond, explaining specifically the reasons for refusing to produce Ms. Blackburn, in a letter no longer than two double-spaced pages filed by 5:00 p.m. on August 18, 2021. SO ORDERED. (Signed by Judge Philip M. Halpern on 8/12/2021) (jca)

Case 7:17-cv-09121-PMH Document 95 Filed 08/12/21 Page 1 of 6
Counsel for Brown, PLLC
The Law Office of D. Jen Plaintiff is directed to file a letter, no longer
than two double-spaced pages, explaining precisely why
PO Box 2238, Poughkeepsie, Newbe deposed in this matter. That letter
Ms. Blackburn must York 12601
shall be filed by 5:00 p.m. on August 16, 2021.

Phone [phone]
Fax [phone]

[e-mail]

Counsel for Defendants shall respond, explaining
www.DJenBrownESQ.com
specifically the reasons for refusing to produce Ms.
Blackburn, in a letter no longer than two double-spaced
pages filed by 5:00 p.m. on August 18, 2021.

August 11, 2021
Hon. Phillip M. Halpern, USDJ
Federal Courthouse
300 Quarropas Street, Room 530
White Plains, New York 10601
Re:

SO ORDERED.
_______________________
_________________
Philip M. Halpern
United States District Judge

Nelson Murray v. Dutchess County, et. al.New York
Dated: White Plains,
7:17-cv-09121
August 12, 2021

Dear Judge Halpern,
The parties have reached an impasse over the plaintiff’s request to depose Caroline
Blackburn Esq., a former line attorney for Dutchess County. 1 The defendants decline to produce
Ms. Blackburn, but they do not identify a privilege that would entitle them to a protective order.
The parties have conferred (as set forth in the attached correspondence) but are unable to
resolve the dispute. Time is of the essence as the deadline for completing fact discovery is August
31, 2021. Accordingly, this letter is a joint request for a pre-motion conference.
“The party seeking a protective order bears the burden of establishing that good cause for
the order exists.” Duling v. Gristede’s Operating Corp., 266 F.R.D. 66, 71 (S.D.N.Y. Mar. 30,
2010). “Good cause is established by ‘demonstrating a particular need for protection.’” Id.
(quoting Cipollone v. Liggett Group, Inc., 785 F.2d 1108, 1121 (3d Cir. 1986)). “Ordinarily,
good cause exists ‘when a party shows that disclosure will result in a clearly defined, specific
and serious injury.’” In re Terrorist Attacks on Sept. 11, 2001, 454 F. Supp. 2d 220, 222
(S.D.N.Y. 2006) (quoting Shingara v. Skiles, 420 F.3d 301, 306 (3d Cir. 2005)).

Email [e-mail]

The Law Office of D. Jen Brown, PLLC
______________________________
___________________
D. Jen Brown, Esq.

Attachments
cc:
Garrett Kaske, Esq. (by ECF)
Kimberly Hunt-Lee, Esq. (by ECF)
Mr. Nelson Murray
1

Ms. Blackburn has since been elevated to the position of County Attorney.

The Law Office of Document 95 Filed 08/12/21 Page 2 of
Case 7:17-cv-09121-PMH D. Jen Brown, PLLC Mail - Supplemental Document Requests 6

8/11/2021

Jen Brown <[e-mail]>

Supplemental Document Requests
Jen Brown <[e-mail]>
Fri, Aug 6, 2021 at 11:18 AM
To: Kimberly Hunt Lee <[e-mail]>
Cc: Garrett Kaske <[e-mail]>, Monica Marshall <[e-mail]>
Dear Kimberly,
Thank you for your kindness and professionalism during the depositions over the last four days. I do have a concern
though. Due to your schedule, we have struggled to schedule and complete depositions within the court-ordered
deadline. After Tuesday's deposition, you advised that your work and vacation schedule (and Ms. Blackburn's maternity
leave) would make it difficult to schedule Ms. Blackburn for a deposition within the deadline (August 30).
Here are my available dates for the rest of the month. August 9, 10, 11, 13, 17, 18, 19, 20, 23, 24, 25, 26, 27. I am
NOT available on 8/30 or 8/31 as I have medical appointments that cannot be changed on both days. Otherwise, I have
cleared my calendar to accommodate you and Ms. Blackburn.
Please confirm by close of business Monday which of the proposed dates will suit you and your client so that I may make
the proper arrangements. As we are close to the Court imposed discovery deadline, if I do not hear back from you with
a confirmed date for this deposition, I will request Judge Harlen's assistance. Thank you in anticipation of your
willingness to make a good faith effort to get this done.
This is a reminder that at the deposition of M. Dutcavich, plaintiff requested production of the following:
progress notes prepared by witness Mathew Dutcavich on or about April 26, 2017 regarding the PO-15X
project. Mr. Dutcavich stated that these notes are maintained online.
M. Dutcavich testified that on or about April 26,2017, he received a date-stamped copy of plaintiff's EEOC complaint.
(Exhibit 17 attached). Please produce:
M. Dutcavich's date-stamped dated on or about April 26, 2017.
Have a great weekend Kim and thanks again.

--

The greatest compliment is a referral.
Best Regards,
-- Jen
The Law Office of D. Jen Brown, PLLC
272 Mill Street, Suite 204
Poughkeepsie, New York 12601
[phone] - Office
[phone] - Fax
"Bind ye the broken with the hands of Justice . . . "
This transmission is intended by the sender and proper recipient(s) to be confidential, intended only for the proper recipient(s) and may contain information
that is privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the

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The Law Office of Document 95 Filed 08/12/21 Page 3 of
Case 7:17-cv-09121-PMH D. Jen Brown, PLLC Mail - Supplemental Document Requests 6

8/11/2021

Jen Brown <[e-mail]>

Supplemental Document Requests
Kimberly Hunt Lee <[e-mail]>
Sun, Aug 8, 2021 at 3:17 PM
To: Jen Brown <[e-mail]>
Cc: Garrett Kaske <[e-mail]>, Monica Marshall <[e-mail]>
Jen,
I haven’t been able to get in touch with Caroline. Can you tell me what the basis is for the request for the deposition of the
County Attorney? We have produced 7 witnesses for you – without objection, and it is hard to understand what purpose
her testimony would serve? I will continue to try to reach her tomorrow, but I have meetings at 10, 11, 12:30 and 2. I also
have depositions Tuesday, Wednesday, Thursday and Friday this week. We are short staffed in both attorneys and staff
so coverage isn’t even an option for me.
Kim

Kimberly Hunt Lee, Esq.
McCabe & Mack LLP
63 Washington Street
Poughkeepsie, NY 12601

845-486-6894 | Office
845-486-7621 | Fax
Visit us on the web at mccm.com

The information contained in this message and attachments, if any, is privileged and/or confidential information intended only for the use of the
intended recipient. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying
of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephoning (845) 4866800 and delete all electronic copies of this message and attachments, if any, (without retaining a copy thereof). Please destroy or return any printed
copies of this message and attachments, if any, via U.S. Postal Service to McCabe & Mack LLP, 63 Washington Street, P.O. Box 509,
Poughkeepsie, NY 12602-0509.

Save a tree. Please consider the environment and only print this e-mail if it's really necessary.
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The Law Document 95 Filed - Caroline Blackburn
Case 7:17-cv-09121-PMH Office of D. Jen Brown, PLLC Mail08/12/21 Page 4 of 6

8/11/2021

Jen Brown <[e-mail]>

Caroline Blackburn
Jen Brown <[e-mail]>
Mon, Aug 9, 2021 at 6:06 PM
To: Kimberly Hunt Lee <[e-mail]>, Garrett Kaske <[e-mail]>, Monica Marshall
<[e-mail]>
Hello Kimberly,
Have you confirmed a date for Ms. Blackburn's deposition?
--

The greatest compliment is a referral.
Best Regards,
-- Jen
The Law Office of D. Jen Brown, PLLC
272 Mill Street, Suite 204
Poughkeepsie, New York 12601
[phone] - Office
[phone] - Fax
"Bind ye the broken with the hands of Justice . . . "
This transmission is intended by the sender and proper recipient(s) to be confidential, intended only for the proper recipient(s) and may contain information
that is privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the
dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error, or are not the proper recipient(s), please notify
the sender at either the email address or telephone number above and delete this email from your computer. Receipt by anyone other than the proper
recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. Thank you.

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Case 7:17-cv-09121-PMH Document 95 Filed 08/12/21 Page 5 of 6

The L O of D Jen B n, PL C
aw ffice .
row L
POB 2238, Poughkeepsie, N York 12601
ox
ew
Phone [phone]
Fax [phone]

[e-mail]
www.DJenBrownESQ.com

August 9, 2021
Kimberly Hunt Lee, Esq.
McCabe & Mack LLP
63 Washington Street
Poughkeepsie, NY 12601
Re:

Nelson Murray v. Dutchess County et.al.
CV 7:17-cv-09121

Dear Kimberly:
Judge Halpern practices strict adherence to the requirement that parties meet and confer before
presenting him with a discovery dispute. We have apparently reached an impasse over whether you will
produce Caroline Blackburn for a deposition.
On June 2, 2021, Judge Halpern set a firm deadline of August 31, 2021 for the completion of
discovery. He pointedly instructed you to find time in your schedule to comply with the discovery
demands of this case. Despite Judge Halpern’s admonitions, you could not find any flexibility in your
schedule for two months. As a result, depositions were delayed until the first week of August.
Last week, we identified Caroline Blackburn as an essential witness. On August 4, 2021, we gave
you notice of our intent to depose Ms. Blackburn. Your response was (1) that you cannot reach Ms.
Blackburn who you report is “on maternity leave,” (2) you have no availability this month and (3) you will
be on vacation the last week of August.
Considering Judge Halpern’s firm deadline, I believe the parties have reached an impasse. I write
this letter consistent with my obligation to confer in good faith. You were asked to provide a date certain
for Ms. Blackburn’s deposition by close of business today. You did not do so. Accordingly, I believe it will
be necessary to request Judge Halpern’s assistance with scheduling this deposition.
The Law Office of D. Jen Brown, PLLC

______________________________
_____________________
D. Jen Brown, Esq.
cc:

Garrett Kaske, Esq.
Monica Marshall

8/11/2021

The Law Document 95 Filed 08/12/21 Page
Case 7:17-cv-09121-PMH Office of D. Jen Brown, PLLC Mail - Meet and Confer 6 of 6

Jen Brown <[e-mail]>

Meet and Confer
Kimberly Hunt Lee <[e-mail]>
Wed, Aug 11, 2021 at 5:41 PM
To: Jen Brown <[e-mail]>
Cc: Garrett Kaske <[e-mail]>, Monica Marshall <[e-mail]>, Donna Feller
<[e-mail]>
Jen,
In response to this, we agree that the assistance of Judge Halpern is necessary if you are seeking the deposition of Ms.
Blackburn. You indicated the reason for her deposition was that 2 witnesses testified that she was involved in the union
grievance. That is not my recollection of the testimony. Mr. Balkind testified that he had spoken with Ms. Blackburn
regarding the disciplinary hearing and the resulting charges. I have also confirmed with him with that he did not speak
with her about the union grievance. Also, Mr. Balkind did not terminate Mr. Murray, that was done by Mr. Cooper. Mr.
Dutcavich similarly did not testify that he had any recollection of speaking with her regarding the union grievance. I do not
believe that any “advice” she gave has even been implicated here.

I have also spoken with Ms. Blackburn about this and she was not involved with anything related to the grievance. She
remains on maternity leave, and at this point is unable to leave the baby to conduct a deposition for medical reasons.

Kim

Kimberly Hunt Lee, Esq.
McCabe & Mack LLP
63 Washington Street
Poughkeepsie, NY 12601

845-486-6894 | Office
845-486-7621 | Fax
Visit us on the web at mccm.com

The information contained in this message and attachments, if any, is privileged and/or confidential information intended only for the use of the
intended recipient. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying
of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephoning (845) 4866800 and delete all electronic copies of this message and attachments, if any, (without retaining a copy thereof). Please destroy or return any printed
copies of this message and attachments, if any, via U.S. Postal Service to McCabe & Mack LLP, 63 Washington Street, P.O. Box 509,
Poughkeepsie, NY 12602-0509.

Save a tree. Please consider the environment and only print this e-mail if it's really necessary.

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