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Civil Rights: Accommodations | New York Eastern
Order on Motion for Discovery
ORDER. The Court has reviewed the joint submission at ECF No. 36 . The Court denies the request to deem Defendants' interrogatory responses late, and does not find that Defendants have waived any privileges. On or before 7/1/2026, Defendants are to provide their privilege log and to supplement any incomplete interrogatories as to which the answers are not privileged.
As to the e-discovery, employee-list and day-book agreement, the materials are due June 29, 2026. As to the disputed overtime information for employees of Division 15 Office and MSU, Defendants are to produce the information and materials, as limited below, for only one year after Plaintiff's retirement.
As to the Day-Book pages, the Court agrees with Defendants that the more limited production of pages relating to Plaintiff's acceptance of overtime assignments is appropriate. Defendants do not need to produce the materials for assignments for which Plaintiff did not apply.
As to the question of why firefighters other than Plaintiff were labeled as "permanently unfit for duty", Defendants need not provide any documentation concerning particular firefighters given that Plaintiff has not demonstrated a need for this material that would outweigh the privacy concerns of those firefighters. The parties are to proceed with the Rule 30(b)(6) witness who can testify about the "permanently unfit for duty" determinations.
Ordered by Chief Mag. Judge Vera M. Scanlon on 6/25/2026. (SH)
Civil Rights: Other | New York Southern
Status Report
STATUS REPORT. Document filed by Jessica Brenner..(Glickman, Leo)
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