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Labor: Other | New York Eastern
Order on Motion for Pre Motion Conference
ORDER denying 26 Motion for Pre Motion Conference to Set Briefing Schedule. Despite styling the request as one for a motion pursuant to Federal Rule of Civil Procedure 11, the substance of the dispute described in Defendant's submission is the scope of Plaintiff's discovery requests. (See ECF 23.) As Plaintiff points out, a Rule 11 motion is not the appropriate vehicle for resolving discovery disputes. (See ECF 24.) To the extent Defendant attempts to recast the motion as appropriately being brought under Rule 11 in its reply letter because Plaintiff wants "to use the case as a basis to fish for all sorts of other documents," (ECF 25 at 1), the dispute is premature in light of the parties' failure to meet and confer regarding the scope of discovery.
Accordingly, because the parties have not met and conferred as required by my Individual Rules and Federal Rule of Civil Procedure 26(f), the parties are directed to meet and confer regarding the scope of requested discovery and file a status report indicating compliance with this Order on or before 7/31/2026. Should the parties continue to disagree about the scope of discovery, the parties may request a conference with the Court to help resolve the dispute. So Ordered by Magistrate Judge Lara K. Eshkenazi on 7/8/2026. (MED)
Pre Motion Conference
MOTION for pre motion conference to Set Briefing Schedule for Rule 11 Motion and Motion to Strile Discovery Demands and Quash Subpoenas by Local 100, Transport Workers Union. (Attachments: # 1 Exhibit Ex. A -Plaintiffs Request to Produce, # 2 Exhibit Ex. B- Plaintiffs' Interrogatories, # 3 Exhibit Ex. C - Plaintiffs' Request for Admissions, # 4 Exhibit Ex. D - Subpoena to R Davis (no rider), # 5 Exhibit Ex. E -TWU International Response to Subpoena, # 6 Exhibit Ex. F - Plaintiffs' Response To TWU, # 7 Exhibit Ex. G-1 - Subpoena to Staff Pension - page 1, # 8 Exhibit Ex. G-2 - Rider to Staff pension Plan Subpoena, # 9 Exhibit Ex. H - Rule 11 Letter, # 10 Exhibit Ex. I- DOL LM2 Rules) (Schwartz, Arthur)
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