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Ruggia v. Kozak

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 23, 2007

ANTONIO RUGGIA, PLAINTIFF,
v.
KELLY S. KOZAK, SEX OFFENDER COUNSELOR AT AUBURN CORRECTIONAL FACILITY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: George H. Lowe, United States Magistrate Judge

ORDER

On November 13, 2006, the Court issued a Decision and Order addressing three motions filed by Plaintiff. (Dkt. No. 68.) With respect to one of those motions, to compel discovery, the Court granted the motion in part and denied it in part. In particular, the Court directed Defendants to produce certain documents unless they provided the documents to the Court for in camera review and articulated "a specific and compelling reason for not [producing them] because of institutional safety and security reasons." (Dkt. No. 68 at 7-8.) Defendants responded by two letters, dated December 20, 2006. (Dkt. No. 71; Dkt. No. 76 [filed under seal].) Plaintiff submitted an "Objection" dated December 29, 2006. (Dkt. No. 75.) The Court subsequently sought further clarification of Defendants' position (Dkt. No. 74), and they responded by letter dated January 12, 2007. (Dkt. No. 77 [filed under seal].)

Following a review of the submissions, I find that, because of institutional safety and security concerns, Defendants are directed to produce only the following:

1. The "Summary" of Ms. Kozak's background and the redacted copy of the Training History Report; and

2. Those materials from the Inspector General's file that Defendants have agreed to produce, sometimes with redactions, as reflected in the summary provided with counsel's letter of January 12, 2007.*fn1

With respect to dispositive motions, the date for filing any such motions was stayed without date. (Dkt. No. 73.) That date now is reset to February 23, 2007.

IT IS SO ORDERED.


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