United States District Court, S.D. New York
December 7, 2005.
GARY GIBBONS, Plaintiff,
UNITED STATES OF AMERICA, Defendant.
The opinion of the court was delivered by: DOUGLAS EATON, Magistrate Judge
MEMORANDUM AND ORDER
I have reviewed Mr. Gibbons's 18-page Response to my Memorandum
and Order dated November 18, 2005.
At page 12, he "requests that the court reverse its recent
ruling and appoint counsel to the Plaintiff." I have reconsidered
my previous denials, but I adhere to them. On the other hand, if
the Government does not move for summary judgment, or if such a
motion is denied, then at that point Mr. Gibbons may renew
his request for appointment of a volunteer attorney to represent
him at the non-jury trial. That request should be made to Judge
Rakoff (unless both parties consent that any trial should be held
Meanwhile, I sincerely urge Mr. Gibbons to spend his time and
energy on the discovery process. My prior order extended, by two
months, each of the deadlines set forth in my July 21 Scheduling
Order. Therefore, all fact discovery must be commenced in time
to be completed by January 30, 2006. If Mr. Gibbons wishes to
serve AUSA Holden with written sets of interrogatories, he should
serve them no later than December 27, because Rule 33 of the
Federal Rules of Civil Procedure provides 30 days to the defense
to serve answers (and objections, if any).
At page 7, Mr. Gibbons complains about the end of my November
18 order, which said:
. . . [W]ith two letters dated October 5 but
postmarked October 14, Mr. Gibbons did send the Pro
Se Office copies of (a) Plaintiff's Response to
Defendant's First Set of Interrogatories and Request
for Documents and (b) Plaintiff's Addendum to Fact
Discovery. The Pro Se Office forwarded these to me;
they will not be docketed, but I will keep them in my chambers file (AUSA Holden has
confirmed that he received the originals).
Mr. Gibbons writes that "he feels that these documents should be
docketed and filed appropriately." It is generally not
appropriate to docket discovery documents, or to file them with
the Clerk of the Court. Instead, the parties keep their copies in
their own possession; they send me selected portions only if it
is necessary for me to review them to rule on a discovery
dispute. I keep such documents in my chambers file until a final
judgment is entered in the case.
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