Opinion
21-cv-2516 (VEC)
10-24-2022
SABATO CONTE, MICHAEL MURPHY, YAMIRA WONG, ANTHONY LARDO, and MATTHEW IAROCCI, on behalf of themselves and others similarly situated, Plaintiffs, v. METROPOLITAN TRANSPORTATION AUTHORITY AND TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, Defendants.
ORDER
VALERIE CAPRONI UNITED STATES DISTRICT JUDGE
WHEREAS on October 24, 2022, the parties appeared before the Court for a discovery conference;
IT IS HEREBY ORDERED that for the reasons stated at the conference, not later than Wednesday, October 26, 2022, Plaintiffs' counsel must submit written confirmation to the Court that Plaintiff Robert Macaulay has no remaining paid time off that could be used for him to participate in a deposition in this case. If Mr. Macaulay does not have remaining paid time off, Defendants should consider him unavailable for deposition and should indicate what alternative opt-in Plaintiff they wish to depose. If Mr. Macaulay does have available paid time off, the parties must agree on a mutually convenient time so that he can be deposed before the end of fact discovery.
IT IS FURTHER ORDERED that for the reasons stated at the conference, by not later than Thursday, October 27, 2022, Plaintiff Eric Colby must produce responses or objections to any requests for production and interrogatories served upon him to date and must confirm his availability for a deposition on Friday, October 28, 2022. If Mr. Colby fails to satisfy those conditions, not later than Friday, October 28, 2022, Defendants must notify the Court so that Mr. Colby can be struck as an opt-in Plaintiff for failure to participate in discovery.
SO ORDERED.