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TSOTESI v. BOARD OF EDUCATION

United States District Court, Southern District of New York


March 27, 2003

MODUPI TSOTESI, ETC., PLAINTIFF,
v.
THE BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Lewis A. Kaplan, District Judge.

ORDER

The plaintiff here alleges that his daughter, then a student at a New York City high school, was attacked by a teacher, who broke her arm. He here sues the Board of Education, former Chancellor Levy, the superintendent of Manhattan high schools, and the high school principal — as well of course as the allegedly offending teacher — under 42 U.S.C. § 1983 and on various common law theories.

The defendants other than the teacher have moved for judgment on the pleadings dismissing the complaint and for a stay of discovery pending the disposition of the motion. Plaintiff objects to the requested stay and contends that these defendants have not yet provided their initial Rule 26 disclosures.

The motion to dismiss appears not yet to have been fully submitted. On a review of the moving papers, however, it appears likely that the individual defendants other than the teacher will obtain dismissal and that there is little reason to believe that any of them, with the possible exception of the principal of the school in which the incident allegedly occurred, has any pertinent knowledge or information. The question is not so clear as to the Board of Education, which would be subject to discovery as a witness in any event.

Accordingly, discovery against defendants Levy and Sawyer is stayed. Initial Rule 26 disclosure by defendant David is stayed. The application for a stay of discovery is otherwise denied. The Board of Education shall make its initial Rule 26 disclosure promptly.

SO ORDERED.

20030327

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