Spencer v. NYC Department of Education

Opinion

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THE City OF NEW YoRK Joseph B. Revnold - oseph B. Reynolds Counsel moe LAW DEPARTMENT Labor and ee 1 □□□□ NeW VORK Ny tyao7 Cell No. (332) 323-0621

June 6, 2023 Via CM/ECF The Court will address the parties' request at the June 13, 2023 Ini Pretrial Conference. Honorable Jennifer L. Rochon SO ORDERED. United States District Court Dated: June 7. 2023 C : iB. eet of New York New York, New York NNIEER L. ROCHON 500 Pearl Street, Room 1920 United States District Judge New York, NY 10007 Re: Spencer v. NYC Dep’t of Education, 22-cv-10712 (JLR) Dear Judge Rochon: I am an Assistant Corporation Counsel in the Office of the Honorable Sylvia Hinds- Radix, Corporation Counsel of the City of New York, attorney for Defendant New York City Department of Education. The parties attended a mediation session today and despite their good faith efforts were unable to resolve the case. Accordingly, pursuant to the Court’s order granting the adjournment of the Initial Pretrial Conference (ECF No. 22), the parties jointly request that the Court stay discovery pending a decision on Defendant’s motion to dismiss Plaintiff's Amended Complaint. See Wills v. Amerada Hess Corp., 379 F.3d 32, 41 (2d Cir. 2004) (District courts have “broad discretion to direct and manage the pre-trial discovery process.”); and Nieves v. Just Energy N.Y. Corp., No. 17-CV-561S, 2020 U.S. Dist. LEXIS 213610, at *12 (W.D.N.Y. Nov. 13, 2020) (“it would be wasteful for the parties to engage in extensive discovery prior to a ruling” on a motion to dismiss) (internal quotations and citation omitted).

The parties thank the Court for considering this request.

Respectfully submitted, /s/ Joseph Reynolds Joseph B. Reynolds Assistant Corporation Counsel jreynold@law.nyc.gov