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Scroxton v. Town of Southold

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


August 18, 2009

EDWARD J. SCROXTON, PLAINTIFF,
v.
TOWN OF SOUTHOLD, TOWN BOARD OF SOUTHOLD, SCOTT RUSSELL, CSEA LOCAL 1000 AAFSCME AFL-CIO AND KATHY GARRISON, DEFENDANTS.

The opinion of the court was delivered by: A. Kathleen Tomlinson, Magistrate Judge

ORDER

The Court has received the Motion [DE 31] by Defendants Town of Southold, Town Board of Southold, and Scott Russell (collectively, the "Southold Defendants") requesting (i) adjournment of the Initial Conference scheduled for September 2, 2009, and (ii) stay of discovery pending the Court's determination of the Southold Defendant's motion to dismiss [DE 23]. The Court has also received the Motion [DE 32] by Defendants CSEA, Local 1000, AFSCME, AFL-CIO and Kathy Garrison (together, the "CSEA Defendants") requesting a stay of discovery pending the Court's determination of their motion to dismiss [DE 4]. Plaintiff opposes [DE 34] the Southold Defendants' request for adjournment of the Initial Conference, and requests that the Court stay discovery "until after that initial conference meeting or until such time this Court deems fit and proper."

In light of the fact that counsel for the Southold Defendants will be away, the Southold Defendants' Motion [DE 31] is GRANTED, in part, to the extent it requests adjournment of the Initial Conference. The Initial Conference is rescheduled for October 2, 2009 at 10:00 a.m. before the Honorable A. Kathleen Tomlinson in Courtroom 910. The remainder of the Southold Defendants' Motion [DE 31] and the CSEA Defendants' Motion [DE 32], both seeking a stay of discovery pending the Court's decisions on the motions to dismiss, are DENIED, without prejudice, and with the right to renew, at the rescheduled Initial Conference.

SO ORDERED.

A. KATHLEEN TOMLINSON U.S. Magistrate Judge

20090818

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