Crespo v. Franco ( 2024 )

DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 3/18/2024 EDWIN CRESPO, et al., : Plaintiffs, : ORDER -V- : 22-CV-7345 (PKC) (JLC) NEW YORK CITY POLICE OFFICER : JOSEPH FRANCO et al., : Defendants. : JAMES L. COTT, United States Magistrate Judge. As discussed at today’s telephone conference, the Court set the following schedule: By March 20, the parties shall settle an order (by submitting a proposed order) directing the unsealing of the files in the case of People of the State of New York v. Joseph Franco.1 By March 27, the parties and representatives of the District Attorney of New York County (“DANY”) shall meet and confer to determine the scope and timing of 1 Tt is well-settled that the Court has authority to issue such an order in these circumstances. See, e.g., K.A. v. City of New York, No. 16-CV-4936 (LTS) (KNF), 2022 WL 1063125, at *2 (S.D.N.Y. Apr. 8, 2022) (“district courts do possess the authority to unseal state criminal records in the possession of a state district attorney, when the records are relevant to the federal lawsuit and ‘the district attorney moves to quash a subpoena, or objects to a discovery demand”’) (citation omitted); Bertuglia v. City of New York, No. 11-CV-2141 (JGK), 2014 WL 626848, at *1 (S.D.N.Y. Feb. 18, 2014) (“Because the [state] sealed records at issue here are sought for use in this federal lawsuit, the plaintiffs’ application to have the [records] unsealed is properly before this Court.”); Crosby v. City of New York, 269 F.R.D. 267, 275 (S.D.N.Y. 2010) (“Federal courts commonly order production of documents sealed [by a state court] pursuant to Sections 160.50 or 160.55.”). the production of information relevant to plaintiffs’ claims against Franco in this case. By April 4, the parties shall submit a status letter to the Court proposing a time frame for production and identifying any issues that require judicial resolution. Counsel for plaintiffs are directed to provide a copy of this Order on the DANY. SO ORDERED. Dated: March 13, 2024 New York, New York > 4d an L,Y A L. COTT (“4 States Magistrate Judge