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

Filing 99

ORDER denying 94 Letter Motion for Local Rule 37.2 Conference; denying 96 Letter Motion for Local Rule 37.2 Conference. The Court construes Plaintiff's request for a pre-motion conference (Doc. 94) as a motion to compel Ms. Blackburn� 39;s deposition under Federal Rule of Civil Procedure 37. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011) (upholding construction of pre-motion letter as motion). The application is DENIED. The Clerk of the Court is respectfully directed to terminate the motion sequences pending at Doc. 94 and Doc. 96. SO ORDERED.. (Signed by Judge Philip M. Halpern on 8/23/2021) (jca)

Case 7:17-cv-09121-PMH Document 99 Filed 08/24/21 Page 1 of 1

The Law Office of D. Jen Brown, PLLCrequest for a pre-motion
The Court construes Plaintiff's
conference (Doc. 94) as a motion to
PO Box 2238, Poughkeepsie, New York 12601 compel Ms.

Blackburn's deposition under Federal Rule of Civil
Procedure 37. See In [e-mail]
Best Payphones, Inc., 450 F.
App'x 8, 15 (2d Cir. 2011) (upholding construction of prewww.DJenBrownESQ.com
motion letter as motion).

Phone [phone]
Fax [phone]

The application is DENIED.

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

The Clerk of the Court is respectfully directed to terminate
the motion sequences pending at Doc. 94 and Doc. 96.
SO ORDERED.
_______________________
________________

Philip County, et.
Nelson Murray v. Dutchess M. Halpern al.
United States District Judge
7:17-cv-09121

Dear Judge Halpern,

Dated: White Plains, New York
August 23, 2021

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.