For background take a look at this excellent article from the Times on this lawsuit. Also see here to download all pleadings in this case.
The discovery problems in this case are getting exceedingly hard to follow. At this point they seem to be divisible into two main categories. There are the motions for sanctions, which are set for a hearing next week. And then there is the plaintiffs’ motion for administrative relief, which is based on the various and sundry motions for summary judgment filed by the various and sundry defendants in combination with the fact that those various and same defendants have not been forthcoming with discovery materials. The argument is that without access to the discovery material the plaintiffs haven’t been able to adequately respond to the motions for summary judgment.
And today the magistrate judge in the case, the Honorable Rozella Oliver, filed an order ruling on the motion for administrative relief. With respect to the individual Bay Boy defendants she ruled that their discovery shenanigans interfered with the plaintiffs’ ability to oppose to an extent sufficient for her to be able to give leave for them to file supplementary oppositions to the motions for summary judgment. So it seems we have dozens more briefs to look forward to!
However, in the case of the City defendants, she ruled that the plaintiffs didn’t seek the material diligently enough. This is evidently sufficient reason to rule against a motion for relief, and that’s what she did in the case of the City of PVE and Jeff Kepley, or or whoever is a party to the suit in his place. I’m super sorry that I don’t have time to transcribe the PDF for you. I’ll try to be more diligent in the future!
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