The opinion
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_______________________________________
JOSEPH J. CAVICO, JR.,
ORDER and
AMENDED SCHEDULING ORDER
Plaintiff,
18-CV-6329W
v.
MS. BROWN, GNP-BC Nurse Practitioner
Steuben County Jail and NURSE SCHAUPP,
Defendants.
_______________________________________
Plaintiff Joseph J. Cavico, Jr. (“Cavico”) filed this action against defendants
pursuant to 42 U.S.C. § 1983. (Docket ## 1, 45). Currently pending before this Court is
plaintiff’s motion to compel initial disclosures from defendants and to extend the deadline for
amending the pleadings. (Docket # 57). Defendants oppose the motion to compel on the
grounds that they previously served their initial disclosures on November 22, 2019, and
defendants represent that they have provided an additional copy of those disclosures to plaintiff
in response to his motion.1 (Docket # 60 at ¶ 4 and Exhibit A). Defendants do not appear to
oppose plaintiff’s request for an extension of the amendment deadline. (Docket # 60). Because
defendants have served their initial disclosures, any request for an order compelling them to do
so is now moot. Vega v. Hatfield, 2011 WL 13128745, *1 (W.D.N.Y. 2011) (“[a]lso pending is
[plaintiff’s] motion to compel certain discovery responses[;] [b]ecause defendants represent that
1 Defendants did not file their initial disclosures, presumably “in consideration of the confidentiality of
some of the documentation” contained in those disclosures. (Docket # 60 at ¶ 4). Rule 5.2(f) of the Local Rules of
Civil Procedure of the Western District of New York requires that all discovery materials, including initial
disclosures, be filed with the Court in cases involving incarcerated pro se litigants. See L.R.Civ.P. 5.2(f). Upon
filing, the discovery materials “will automatically be restricted to Court staff and parties in the action.” See
L.R.Civ.P. 5.2(f)(3).
they have now produced the requested discovery . . . , [plaintiff’s] motion to compel is denied as
moot”); Smith v. Fischer, 2008 WL 5129863, *1 (W.D.N.Y. 2008) (“defendants filed a response
to plaintiff’s request for admissions[;] . . . [a]ccordingly, to the extent plaintiff moves to compel a
response to his requests for admissions, such motion is denied as moot”).
For the reasons discussed, plaintiff’s motion to compel and for an extension of
time (Docket # 57) is GRANTED in part and DENIED in part. Specifically, that portion of
the motion which seeks to compel defendants’ initial disclosures is denied as moot. In
accordance with Rule 5.2(f)(3) of the Local Rules of Civil Procedure for the Western District of
New York, defendants are directed, on or before March 4, 2022, to file their initial disclosures
with the Court. Plaintiff’s request for an extension of the deadline to amend the pleadings is
granted, and the parties shall have until March 23, 2022, to file any motions seeking leave to
amend the pleadings. All other dates in this Court’s Amended Scheduling Order (Docket # 67)
shall remain unchanged.
IT IS SO ORDERED.
s/Marian W. Payson
MARIAN W. PAYSON
United States Magistrate Judge
Dated: Rochester, New York
February 17, 2022