Opinion
1:22-cv-3360 (PAC)
07-11-2022
LISA VASQUEZ, Plaintiff, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Defendant.
ORDER
PAUL A. CROTTY, UNITED STATES DISTRICT JUDGE
Following today's pre-motion conference, Defendant's motion to extend the answer deadline is GRANTED. Defendant's Answer shall be filed by August 16, 2022. Defendant's motion to compel Plaintiff to authorize release of New York City Administration for Children's Services ("ACS") records is DENIED, without prejudice as to its renewal during discovery. Defendant concedes it may use "alternative means to investigate the claims" besides compelling release of the ACS records. ECF No. 9 at 2. If that investigation does not provide the necessary information, Defendant may deny the Complaint's allegations without violating Federal Rule of Civil Procedure 11 (b)(4) so long as those denials, "if specifically so identified, are reasonably based on belief or a lack of information" at the time the Answer is filed. And if subsequent discovery requires the Answer to be amended, Defendant will have an opportunity to do so.
SO ORDERED