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Other Statutory Actions | New York Eastern
Motion Hearing Order on Motion for Leave to File
MINUTE ENTRY AND ORDER: A Motion Hearing was held before Magistrate Judge Lara K. Eshkenazi on 8/20/2026. Appearances by pro se Plaintiff Daryl Stephen, and Paige Bareck and Kristine Argentine for Defendants. For the reasons thoroughly stated on the record, the Court denies Plaintiff's 103 motion to issue additional third-party subpoenas and conduct supplemental fact discovery. Plaintiff is directed to serve the Capital One subpoena that this Court so-ordered on July 16, 2026. (ECF 113.) Fact discovery is otherwise closed.
The parties discussed Plaintiff's request to conduct expert discovery 105 . The Court explained to Plaintiff the purpose and process of expert discovery and set a deadline of 10/5/2026 for Plaintiff to retain an expert if Plaintiff intends to proceed with expert discovery.
The parties are directed to file a joint status letter on 10/5/2026, informing the Court whether Plaintiff retained an expert witness. If Plaintiff retains an expert and intends to engage in expert discovery, the parties' letter shall identify the expert and include the general topics the expert will opine on. If Plaintiff does not retain an expert, the parties shall certify the close of all discovery and indicate whether they intend to engage in dispositive motion practice.
The parties discussed Plaintiff's 117 Motion for an extension of time to provide certified deposition transcripts, or to designate Defendants' stenographic transcripts as the official transcripts. As discussed on the record, the parties agree to designate Defendants stenographic transcripts as the official transcripts for the purposes of this litigation, subject to the terms as stated on the record. The parties are directed to file a joint status report by 10/20/2026, updating the Court whether any transcript issues remain.
As discussed, the parties agree to the Court's proposal that the parties will provide ex parte settlement positions to the Court in order for the Court to evaluate whether a referral to mediation or settlement conference may be productive. The parties are directed to submit ex parte settlement positions to the Court via email at Eshkenazi_Chambers@nyed.uscourts.gov by 9/3/2026. (MED)
Order on Motion for Extension of Time to File
ORDER finding as moot 117 Motion for Extension of Time to File. So Ordered by Magistrate Judge Lara K. Eshkenazi on 8/21/2026. (MED)
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