United States District Court, S.D. New York
November 9, 2005.
BERNARD THOMAS, Plaintiff,
NEW YORK CITY HEALTH AND HOSPITAL CORP., et al., Defendants.
The opinion of the court was delivered by: RONALD ELLIS, Magistrate Judge
OPINION AND ORDER
Plaintiff Bernard Thomas brings this pro se action under
42 U.S.C. § 1983. This matter was referred to the undersigned on
September 29, 2000, for general pretrial purposes. On May 2,
2002, the Honorable Jed S. Rakoff adopted this Court's Report and
Recommendation, dated October 12, 2001, and dismissed the case as
to all defendants except Corby Reid ("Reid"). On September 20,
2005, Thomas filed a motion to compel Reid to produce documents.
See Thomas's Motion to Compel ("Thomas's Mot."). For the
reasons which follow Thomas's motion to compel is hereby
Thomas served Reid with two requests for documents. See
Discovery Requests, attached to Thomas's Mot. as Exhs. A and C.
Since the second request included the documents Thomas sought in
the first request, plus additional demands, it supercedes the
first request. On January 20, 2005, Reid responded to Thomas's
first document request. See Reid's letter, attached to Thomas's
Mot. as Exh. B. Reid maintains that Thomas "should have had all
this information prior to these proceedings," and that documents
responsive to certain requests did not exist. Id. On September
20, 2005, Thomas submitted a motion to compel Reid to produce the
documents responsive to the second document request. On October 10, 2005, Reid submitted a sworn
declaration in response to Thomas's motion ("Reid's Letter"). On
October 25, 2005, Reid submitted a supplemental sworn declaration
in further support of his response to Thomas's motion.
Thomas requests documents relating to Reid's contracts and
agreements with St. Barnabas Hospital, New York City Health and
Hospital Corporation, and the Department of Corrections. See
Discovery Requests, attached to Thomas's Mot. as Exh. A at ¶¶
1-4. The documents are not relevant to the claims herein. See
Report and Recommendation, dated October 12, 2001.
Thomas requests documents pertaining to grievances, and
complaints filed against Reid in the course of his employment,
and education. Id. at ¶¶ 5, 7, and 10-11. He seeks records
related to Reid's mental health, and membership in organizations.
Id. at ¶ 6, and 8. Thomas also requests findings of any agency,
organization, or committee with respect to any complaint, or
grievance made concerning Reid, and documents related to any
civil, juvenile, or criminal charges. Id. at ¶¶ 9, 12-13. Reid
maintains that records responsive to these requests do not exist.
See Reid's Letter. Reid has submitted a sworn declaration in
support of this contention. Since these records do not exist,
Thomas's requests for their production are DENIED.
Thomas's motion to compel is hereby DENIED. Documents Thomas
sought either have no relevance to the case, or do not exist.
Since the discovery deadline has passed, the parties shall submit
a joint final pretrial order by December 31, 2005, to Judge
Rakoff in accordance with his rules. The parties are directed to
contact the Pro Se Office for assistance.
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