Opinion
Civil Action 20 Civ. 6507 (PGG) (SLC)
05-12-2022
GABINO GENAO, Plaintiff, v. CITY OF NEW YORK; C.O. MARSHA LYNCH; C.O. DREW WILLIAMS; C.O. ANTHONY MORALES JR.; CAPT. PHILLIPS; C.O. KRISTINA FORD, RHU DR. HO; and CAPT. KEISHA LEMON, Defendants.
ORDER
SARAH L. CAVE, UNITED STATES MAGISTRATE JUDGE:
Pursuant to the initial conference held today, May 12, 2022, the Court orders as follows:
1. Defendants' counsel shall mail to pro se Plaintiff Gabino Genao (“Mr. Genao”) at the address listed below, copies of:
a. Defendants' Interrogatories and Requests for Production of Documents;
b. Defendants' Responses to Plaintiff's Interrogatories and Requests for Admissions.
2. Defendants' counsel shall investigate whether the Department of Corrections employed a different Officer Lynch at the time of the events alleged in the Amended Complaint (ECF No. 46). If that investigation reveals that C.O. Marsha Lynch is not a proper Defendant in this case, Defendant shall notify the Court and conduct a reasonable search for and produce any Command Discipline Records for the correct Officer Lynch.
3. The fact discovery deadline is extended to Monday, July 11, 2022.
4. The Court will hold a status conference on Friday, June 24, 2022 at 1:00 pm on the Court's conference line. The parties should be prepared to discuss at this conference: (i) the status of fact discovery; (ii) any progress in identifying an 1 alternative Officer Lynch, and (iii) Defendants' production of documents. The parties are directed to call: 866-390-1828, access code: 380-9799, at the scheduled time.
It is hereby ORDERED that the Warden or other official in charge of the Elmira Correctional Facility, produce Mr. Genao, Department Identification No. 22B1480, on June 24, 2022, no later than 12:45 pm (15 min. in advance), to a suitable location that is equipped with a telephone, for the purpose of participating by telephone in a conference with the Court and Defendants' counsel. If the scheduled date and time for the conference presents a hardship, the Warden or the Warden's designee should promptly inform the Court by calling (212) 805-0214.
It is further ORDERED that Defendants' counsel must: (1) transmit this order to the Warden immediately, and (2) contact the Elmira Correctional Facility to arrange the telephone call.
The Clerk of Court is respectfully directed to mail a copy of this Order to Mr. Genao at the address below.
SO ORDERED. 2