Opinion
21-cv-10892 (ER)
06-21-2022
RAHUL SHARMA, Plaintiff, v. THE CITY OF NEW YORK, et al., Defendants.
ORDER
Edgardo Ramos, U.S.D.J.
Plaintiff asks the Court to direct Defendants to pay Plaintiff's attorneys' fees associated with moving to coordinate discovery. See Doc. 20. Although the Court has ordered coordinated discovery, see Doc. 26, the Court hereby denies Plaintiff's request for attorneys' fees.
Federal Rule of Civil Procedure 37 provides that when a discovery motion is granted, courts must award “reasonable motion expenses incurred in making the motion.” Fed.R.Civ.P. 37. But courts “must not order this payment if . . . the opposing party's . . . response[] or objection was substantially justified . . . or other circumstances make an award of expenses unjust.” Id. Because the Court finds that Defendants' response was substantially justified in that there was at least an arguable basis to question whether it would be more efficient to coordinate discovery between the instant case and In re NY City Policing During Summer 2020 Demonstrations, 20-cv-8924(CM)(GWG), Plaintiff's request is denied.
It is SO ORDERED.