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Lynn Gartner
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Misc | Filed: May 31, 2024 | Entered: May 31, 2024 Satco Products, Inc. v. The Regents of the University of California
Patent | New York Eastern
Status Report
STATUS REPORT by Satco Products, Inc. (Bornstein, Scott)
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Order | Filed: May 24, 2024 | Entered: May 24, 2024 Kleinknecht et. al. v. Ritter et. al.
Civil Rights: Other | New York Eastern
Order(Other)
REVISED ORDER: Plaintiffs' Motion for a Protective Order (DE 107 ) is GRANTED. Per Judge Gary R. Brown's 3/1/2024 Memorandum and Order, "plaintiffs' request for additional discovery pursuant to Rule 56(d) is granted as to the three types of information identified in paragraph 26 of their affidavit. See DE 94 26. Plaintiffs may pursue this information by document requests, interrogatories, and a deposition of James Siino." DE 101 at 9; see also DE 94 26 ("Plaintiffs seek information concerning (i) Village Attorney Ritter and Building Inspector Siino's files; (ii) communications between Ritter and other Village Officials concerning Plaintiffs' dock applications; and (iii) correspondence between Ritter and Siino concerning Plaintiffs' dock applications because such information is critical to proving Plaintiffs' claim for a taking under the Fifth Amendment and opposing Defendants' affirmative defense of qualified immunity."). After the aforementioned order by Judge Brown (which remains in effect), the undersigned conducted a conference with the parties on 3/19/2024 and issued a discovery schedule directing that the aforementioned fact discovery be completed by 6/4/2024 and that "[a]pplications for further discovery shall be submitted on or before 6/21/2024." DE 104 .
Presently before the undersigned is Plaintiffs' motion seeking relief from Defendants' discovery demands which, according to Plaintiffs, go beyond Judge Browns approval of "Plaintiffs' specific request for discovery." DE 107 at 2. In response, Defendants do not deny that their discovery demands are outside the scope of Judge Brown's order, suggesting instead that (1) the undersigned has already approved discovery beyond the limits of what Judge Brown approved (id. at 4), and, in any event, (2) they are seeking "clearly relevant information that should be disclosed for the benefit of both the Court and the parties" ( id. at 107).
The undersigned rejects out of hand this revisionist version of what transpired at the 3/19/2024 conference (which resulted in issuance of the order at DE 104 ). It was patently clear to all parties that the phased approach to discovery discussed at the 3/19/2024 conference was to (1) complete the specific discovery already permitted by Judge Brown, and, once that was done, (2) address applications for any possible additional discovery -- as explicitly directed by Judge Brown who instructed that "[a]ny reapplications for further discovery after review of the information received are respectfully referred to Magistrate Judge Dunst." DE 101 at 9 (emphasis added). Any efforts to recast what actually occurred at the conference with the undersigned and to totally ignore Judge Brown's specific direction are "too cute by half" and borderline frivolous. New Falls Corp. v. Soni, No. 16CV06805, 2022 WL 17811448, at *14 (E.D.N.Y. Dec. 19, 2022). The parties are reminded that "[a]s officers of the court, all attorneys... owe the court a heightened duty of candor." Id. at *10 (citation omitted). The Court therefore GRANTS Plaintiffs' Motion for a Protective Order at DE 107 , reaffirms the existing limitation of this current phase of discovery to what Judge Brown already approved at DE 101 at 9, and reconfirms that the parties shall not seek any additional discovery absent the undersigned's prior approval. The current schedule at DEOrder | Filed: May 24, 2024 | Entered: May 24, 2024 Kleinknecht et. al. v. Ritter et. al.Civil Rights: Other | New York Eastern
Order(Other)
ORDER: The request at DE 108 is GRANTED. The 5/21/2024 Order is VACATED. Ordered by Magistrate Judge Lee G. Dunst on 5/24/2024. (CT)
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