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Other Statutory Actions | New York Eastern
Order on Motion for Protective Order
ORDER granting 81 . The Clerk of Court is respectfully directed to sign the attached subpoena. So Ordered by Magistrate Judge Lara K. Eshkenazi on 6/16/2026. (MED)
Motion Hearing Order on Motion for Extension of Time to Complete Discovery Order on Motion to Amend/Correct/Supplement
MINUTE ENTRY AND ORDER: A telephonic motion hearing was held before Magistrate Judge Eshkenazi on 6/15/2026. Appearances by pro se Plaintiff Daryl Stephen, and Paige Bareck and Kristine Argentine for Defendants. The Court discussed the parties' outstanding discovery disputes and Plaintiffs subpoena requests. Defendants agreed to provide Plaintiff with the definition of code TLO as discussed on the record. The parties agreed that Plaintiff's discovery requests 75 and requests regarding subpoenas to Port Authority 79 80 are now moot, except to the extent that Plaintiff indicated an intent to seek an adverse inference 92 based on Port Authority not having any responsive records. The Court also discussed Plaintiffs request for a referral to mediation and Defendants' request for a demand prior to any referral to mediation. The Cout directed the parties to meet and confer regarding settlement, and explained to Plaintiff the need for Plaintiff to make a demand before the Court would refer to case to mediation and recommend appointment of counsel for the limited purpose of mediation.
For the reasons discussed on the record, the Court grants Plaintiff's 75 motion in part and extends discovery to 7/15/2026 solely for the purpose of allowing Plaintiff to subpoena Capital One bank and for the parties to enter a protective order. No extensions will be granted absent extraordinary circumstances. To the extent Plaintiff seeks to move for an adverse inference 92 , as discussed on the record, the Court denies Plaintiff's request without prejudice to renew at the close of discovery. If after the parties meet and confer regarding settlement, the parties seek a mediation referral, the parties may file a joint status letter requesting such a referral. (MED)
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