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Stefanie A. Davis v. Nys Department of Corrections

October 2, 2012

STEFANIE A. DAVIS, PLAINTIFF,
v.
NYS DEPARTMENT OF CORRECTIONS, DEFENDANT.



The opinion of the court was delivered by: Marian W. Payson United States Magistrate Judge

DECISION & ORDER

By order dated March 1, 2011, the above-captioned matter has been referred to the undersigned for the supervision of pretrial discovery and the hearing and disposition of all non-dispositive motions, pursuant to 28 U.S.C. §§ 636(b)(1)(A) and (B). (Docket # 6). Pro se plaintiff Stefanie A. Davis has filed this lawsuit against defendant under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, alleging that defendant discriminated against her on the basis of her race and sex. (Docket # 1). Currently before this Court are three motions by plaintiff: a motion for an extension of time to complete discovery and a motion for the appointment of counsel (Docket # 17); and a motion for leave to proceed in forma pauperis (Docket # 18).

I. Motion for an Extension of Time

On August 30, 2012, plaintiff moved for an extension of time to complete discovery and to file dispositive motions to December 28, 2012. (Docket # 17). This Court was advised by telephone on September 12, 2012 by Assistant Attorney General J. Richard Benitez, counsel for defendants, that defendants object to plaintiff's motion. Further, this Court received a letter from Mr. Benitez, dated October 1, 2012, requesting a one-week extension to file dispositive motions. Plaintiff's motion for an extension of time to complete discovery (Docket # 17) is GRANTED. The Court's September 11, 2012 Amended Scheduling Order (Docket # 19) shall be amended as follows:

1. All factual discovery in this case, including depositions, shall be completed on or before November 30, 2012. All motions to compel discovery shall be filed at least thirty (30) days prior to the factual discovery cutoff.

2. Dispositive motions, if any, shall be filed no later than December 28, 2012. Unless a consent to proceed before this Court has been filed, such motions shall be made returnable before Judge Larimer. NOTE: If the dispositive motion is filed against a party who is appearing in this action pro se, the moving party must include the advisement set forth in the notice attached to this Order.

3. Responding papers are due by January 28, 2013. Reply papers, if any, shall be filed by February 11, 2013. The motion will be taken under advisement without oral argument.

4. A trial date status conference pursuant to Fed. R. Civ. P. Rule 16(d) and Local Rule 16.1(f) will be held, if necessary, at a date and time to be determined by the trial judge after determination of dispositive motions. If no dispositive motions are filed, counsel shall immediately contact the trial judge so that a trial date status conference can be scheduled.

At least seven (7) days prior to the trial date status conference, the parties shall file a joint case status report setting forth the information described below. If the parties disagree as to the information to be provided, the report must set forth their different responses. The joint status report shall contain:

(1) Nature of the Case: Set forth a brief description of the action, identifying the parties, all counsel of record, the relief requested, any affirmative defenses and any relationship the case may have to other pending actions.

(2) Motion Practice: Are any motions, dispositive or non-dispositive, pending? If so, briefly describe the motion. Explain if additional motion practice is necessary before the matter is ready to be tried.

(3) Settlement: Describe the status of settlement negotiations. If the parties believe a court supervised settlement/mediation conference would be of assistance in resolving the case or narrowing disputed issues, please state.

(4) Trial: State whether the case is ready for trial. If not, explain why. Set forth an estimate of how long the trial will take and whether the case is jury or non-jury.

No extension of the above cutoff dates will be granted except upon written application, made prior to the cutoff date, showing good cause for the extension. Application for extensions should be made to the Magistrate Judge. Joint or unopposed requests to extend the deadlines set forth in this order need not be made by formal motion, but rather may be sought in a letter to ...


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