Moran v. MTA Metro-North Railroad Company

Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED THOMAS M. MORAN, DOC # DATE FILED: _4/14/2023 Plaintiff, -against- 19 Civ. 3079 (AT) MTA METRO-NORTH RAILROAD COMPANY, PO ORDER NICHOLAS STRYPE, individually, PO DOUGLAS COHEN, individually, PO RICHARD DOE, full names and number of whom are unknown at present, and other unidentified members of the MTA Police Department in their individual capacities, PO LUIGI SEIDITA, individually, PO JASON NANDOO, individually, and PO JOSEPH TERACCIANO, individually, Defendants. ANALISA TORRES, District Judge: The Court has reviewed the parties’ letters dated April 12 and 13, 2023. See ECF Nos. 163, 168-70. Accordingly: 1. Plaintiffs request to present Dr. Kenneth Kramer’s videotaped de bene esse deposition testimony at trial, ECF No. 163, is GRANTED. 2. Defendants’ request to present Dr. Marina Zatman’s testimony via remote, contemporaneous transmission, ECF No. 168, is GRANTED. 3. Defendants’ motion to preclude Plaintiff from using the documents first disclosed on April 12, 2023, ECF No. 169, is GRANTED. Defendants first served on Plaintiff a request for the production of documents “covering letters, applications, . . . and job searches, concerning [P]laintiff’s efforts to obtain employment following August 4, 2017,” on November 29, 2019. ECF No. 169-1 at 2. Plaintiff did not disclose the documents in response until April 12, 2023, less than a week before trial. Plaintiff explains that his “‘attorneys were not aware of the existence of the computer documents relating to [P]laintiff’s job searches on the internet before Thursday[,] April 6, 2023.” ECF No. 170. Plaintiff's failure to timely disclose the documents is not “substantially justified or harmless,” Fed. R. Civ. P. 37(c), and use of the documents would prejudice Defendants at trial. See Softel, Inc. v. Dragon Med. & Sci. Comme ’ns, Inc., 118 F.3d 955, 961 (2d Cir. 1997). Accordingly, at trial, Plaintiff may not use or refer to the documents disclosed on April 12, 2023. SO ORDERED. }- Dated: April 14, 2023 ——S—— ee New York, New York ANALISA UREES United States District Judge