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Terry v. Incorporated Village of Patchogue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


August 26, 2010

HENRY R. TERRY, PLAINTIFF,
v.
THE INCORPORATED VILLAGE OF PATCHOGUE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Lindsay, Magistrate Judge

ORDER

Before the courtis the pro se plaintiff's letter application dated July 22, 2010 (1) seeking to have the court take judicial notice of the "defendants' pattern of behavior as established in the Wood matter;" and (2) requesting a conference to address the possibility of bringing a motion for summary judgment to address, among other things, the plaintiffs' request for more time to serve discovery, to compel the defendants to complete discovery, and for various discovery sanctions. The defendants have opposed the motion by letter dated July 27, 2010. That application is denied. To begin with, the court will not take judicial notice of alleged conduct that occurred in another matter. Second, the court extended the defendants' time to respond to the document demands, and thus, the application was not ripe on the date it was filed. Finally, the defendants are correct that the plaintiff may not seek discovery unrelated to the claims and defenses in this lawsuit.

Also before the court is plaintiff's August 3, 2010 letter application, which purports to be a second response to the defendants' request for additional time to respond to the plaintiff's document demand. That request was granted by the court on July 22, 2010, and thus, the application is moot.

SO ORDERED.

ARLENE R. LINDSAY United States Magistrate Judge

20100826

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