Opinion
Civ. No. 12-4006 (KM)
02-23-2016
MICHAEL VANCE, Plaintiff, v. NEW JERSEY STATE POLICE, et al. Defendants.
MEMORANDUM AND ORDER
MCNULTY , U.S.D.J. :
In analyzing the defendants' pending motion for summary judgment, I have considered the plaintiff's request to reopen discovery for the limited purpose of deposing Robert Best. Plaintiff has submitted a document which he claims establishes that Best changed his story as a result of police coercion. It appears that Best could not be found when discovery was conducted, but that he has been located. I believe that Best's testimony would be helpful to round out the picture on summary judgment, although I do not make a finding that it is critical. I therefore authorize the reopening of discovery for 40 days, for the limited purpose of permitting the plaintiff to notice and take a deposition of Best, if possible.
ORDER
IT IS THEREFORE ORDERED, this 23d day of February, 2016, as follows:
Discovery is reopened for the limited purpose of permitting the plaintiff, within 40 days, to notice and conduct a deposition of Robert Best. The summary judgment motion (ECF no. 19; docketed as motion to dismiss complaint) is administratively terminated. It may be restored to the calendar, without refiling, by the filing of a simple notice. Any party may submit excerpts of any deposition of Mr. Best with a letter brief, not to exceed two pages, explaining the relevance.
/s/ _________
HON. KEVIN MCNULTY, U.S.D.J.