Opinion
Civil Action 15 Civ. 6885 (LTS) (SLC)
10-11-2022
MARIANNE I. O I OOLE, et al., Plaintiffs, v. THE CITY OF NEW YORK, et al., Defendants.
ORDER
SARAH L. CAVE, UNITED STATES MAGISTRATE JUDGE.
Pursuant to the telephonic conference held today, October 11, 2022 (the "Conference"), the Court orders as follows:
1. The Court reserves judgment on Defendants' letter-motion seeking preclusion of an adverse inference at trial relating to the spoliation of memo books. (See ECF No. 334 (the "Adverse Inference Letter-Motion")). The Court will issue a written order addressing the Adverse Inference Letter-Motion in due course.
2. Plaintiffs' letter-motion seeking leave to file a motion to amend the complaint, (see ECF No. 338 (the "Letter-Motion to Amend")), is GRANTED IN PART and DENIED IN PART. To the extent Plaintiffs seek sanctions against Defendants, the letter-motion is DENIED WITHOUT PREJUDICE. By Friday, October 21, 2022, Plaintiffs shall file a letter-motion seeking leave to amend, attaching their proposed third amended complaint. By Friday, October 28, 2022, Defendants shall file their response. By Friday, November 4, 2022, Plaintiffs shall file their reply.
3. The parties shall order a transcript of the Conference and file it on the docket. The parties shall complete the annexed transcript request form and submit one request to: etranscripts@nysd.uscourts.gov, by Friday, October 14, 2022.
4. The Clerk of Court is respectfully directed to close ECF No. 337.
SO ORDERED.