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Lechristian Steptoe v. the City of Syracuse and

February 15, 2011

LECHRISTIAN STEPTOE, PLAINTIFF,
v.
THE CITY OF SYRACUSE AND
THE GENESEE GRANDE HOTEL, DEFENDANTS.



The opinion of the court was delivered by: David E. Peebles U.S. Magistrate Judge

APPEARANCES:

DECISION AND ORDER

Currently pending before the court in connection with this action are cross-motions to compel discovery. Plaintiff has moved for an order compelling defendants to provide more complete responses to interrogatories and document discovery demands served upon them. Dkt. Nos. 73, 74. The defendants have separately moved seeking orders compelling plaintiff to provide more complete responses to interrogatories and document demands served by them as well. Dkt. Nos. 69, 71.

Oral argument was conducted in connection with the pending motions on February 14, 2011. At the close of argument all four motions were denied based upon a finding that the parties have not, to the court's satisfaction, engaged in good faith efforts to meet, confer, and resolve their differences as required under Rule 37(a)(1) of the Federal Rules of Civil Procedure and Northern District of New York Local Rule 7.1(d).

Based upon the foregoing and the court's bench decision of February 14, 2011, which is incorporated herein by reference, it is herebyORDERED as follows: 1) The pending motions to compel discovery (Dkt. Nos. 69, 71,73, and 74) are DENIED.

2) On or before February 25, 2011, plaintiff shall provide defendants, in writing, with a list of names and addresses of all professionals from whom he has received mental health treatment and shall provide written authorizations in sufficient form to permit the defendants' attorneys to obtain copies of records of such treatment.

3) The deadlines for completion of discovery and the filing of dispositive motions in this case are hereby extended, respectively, until April 29, 2011 and June 30, 2011.

4) Annexed to this order are guidelines for conducting depositions. The parties are expected to conduct depositions in this case in accordance with the attached guidelines.

5) These rulings are without prejudice to the right of the parties to reapply to the court for discovery-related relief, provided that they have conferred in good faith prior to making the request and with the understanding that absent a finding that the position of a losing party was substantially justified or other circumstances make an award of expenses unjust, the party against whom an order compelling discovery is entered will be required to pay the reasonable expenses incurred in making or opposing the motion, including attorney's fees.

Syracuse, NY

GUIDELINES FOR DISCOVERY DEPOSITIONS

(1) At the beginning of the deposition, deposing counsel shall instruct the witness to ask deposing counsel, rather than the witness's own counsel, for clarifications, definitions, or explanations of any words, questions, or documents presented during the course of the deposition. The witness shall abide by these instructions.

(2) All objections, except those which would be waived if not made at the deposition under Fed.R.Civ.P. 32(d)(3)(B), and those necessary to assert a privilege, to enforce a limitation on evidence directed by the court, or to present a motion pursuant to Fed.R.Civ.P. 30(d), shall be preserved. Therefore, those objections need not and shall not be made during the course of deposition.

(3) Counsel shall not direct or request that a witness not answer a question, unless that counsel has objected to the question on the ground that the answer is protected by a privilege ...


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