Jennings v. City of New York

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ARABIA JENNINGS,

Plaintiff,

-v- CIVIL ACTION NO. 22 Civ. 1885 (MMG) (SLC)

CITY OF NEW YORK; EDWARD WINSKI, in his official ORDER and individual capacities; and MARISA CAGGIANO, in her official and individual capacities,

Defendants.

SARAH L. CAVE, United States Magistrate Judge.

On April 4, 2025, the parties certified the close of discovery in this matter. (See ECF No. 110 (the “Certification Letter”)). Four days after the filing of the Certification Letter, however, Defendants filed a Letter-Motion requesting a “sixty[-]day extension of summary judgment briefing [to] reopen Plaintiff’s deposition” due to “numerous substantive significant changes [Plaintiff made] to her deposition testimony.” (ECF No. 112 (the “Motion”) at 1–2). Observing that the Motion is unopposed and that the changes Plaintiff made to her deposition transcript are indeed "substantial," the Court GRANTS the Motion and will permit Defendants to "reopen the deposition and further cross-examine the witness.” See Allen & Co. v. Occidental Petroleum Corp., 49 F.R.D. 337, 341 (S.D.N.Y. 1970); Hlinko v. Virgin Atl. Airways, No. 96 Civ. 2873 (KMW) (THK), 1997 WL 68563, at *1 (S.D.N.Y. Feb. 19, 1997) ("[T]he changes are so substantial in nature that they warrant reopening plaintiff's deposition for cross-examination on the substance of the changes, as well as plaintiff's reasons for making them."). By Friday, May 16, 2025, the parties shall file a joint letter on the docket regarding the status of Plaintiff's reopened deposition and any post-deposition discovery. In addition, the Court EXTENDS the summary judgment briefing schedule, as follows: 1. Motion: Monday, June 30, 2025 2. Opposition: Wednesday, July 30, 2025 3. Reply: Wednesday, August 13, 2025 The Clerk of Court is respectfully directed to close ECF No. 112. Dated: New York, New York April 17, 2025 SO ORDERED.

ACIOMT OL GAR; HL. CAVE United States Magistrate Judge