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Civil Rights: Other | New York Western
Recusal
MOTION for Recusal by William Van Wade. (JHF)
Environmental Matters | New York Western
Order on Motion for Discovery
TEXT ORDER granting 44 Plaintiffs' motion to reopen discovery for the limited purpose of conducting targeted discovery in connection with Defendants' motion for summary judgment. Plaintiffs' current counsel entered this case after filing a Consent to Change Attorney and Notice of Appearance on October 31, 2025, ECF No. 39, which was more than seven months after the closure of discovery and nearly two months after Defendants filed their motion for summary judgment. Upon assuming the representation and reviewing the litigation file, Plaintiffs' counsel observed that the file contained no discovery requests or discovery material. Plaintiffs now request an opportunity to conduct narrowly tailored discovery in order to respond to arguments advanced by Defendants in their reply brief in further support of their motion for summary judgment. Notably, Defendants have not filed an opposition to Plaintiffs' motion to reopen discovery. After considering the relevant factors for reopening discovery, see Laftavi v. DeWan, No. 22-CV-6002-FPG-CDH, 2026 WL 1251680, at *3 (W.D.N.Y. May 7, 2026), the Court finds good cause under Rule 16(b)(4) of the Federal Rule of Civil Procedure to grant Plaintiffs' motion.
Accordingly, discovery shall be reopened for a 90-day period from the date of this order in order to allow the parties an opportunity to conduct targeted discovery relevant to Defendants' summary judgment motion, with the permissible scope of and schedule for discovery set by Magistrate Judge Schroeder. Following the closure of this discovery period, Plaintiffs may file a brief supplementing their opposition to summary judgment no later than 14 days after the closure of the discovery period, and Defendants may file a response no later than 7 days after the service of Plaintiffs' supplemental brief. The pending motion for summary judgment will be held in abeyance until the closure of the supplemental briefing period. SO ORDERED. Signed by Hon. Meredith A. Vacca on 6/10/2026. (MVP)
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