i A i an BRrovwm L The Law Office The Court construes Plaintiffs request for a pre-motion PO Box 2238, Pouca conference (Doc. 94) as a motion to compel Ms. Blackburn's deposition under Federal Rule of Civil Procedure 37. See In re Best Payphones, Inc., 450 F. Phone 845 454 0835 Fax 845 454 0836 App'x 8, 15 (2d Cir. 2011) (upholding construction of pre- motion letter as motion). The application is DENIED. August 11, 2021 The Clerk of the Court is respectfully directed to terminate Hon. Phillip M. Halpern, USDJ the motion sequences pending at Doc. 94 and Doc. 96. Federal Courthouse 300 Quarropas Street, Room 530 SO ORDERED. White Plains, New York 10601 f Re: Nelson Murray v. Du{Philip M. Halpern 7:17-cv-09121 United States District Judge Dated: White Plains, New York Dear Judge Halpern, August 23, 2021 The parties have reached an impasse over the plaintiffs request to depose Caroline Blackburn Esq., a former line attorney for Dutchess County.' The defendants decline to produce Ms. Blackburn, but they do not identify a privilege that would entitle them to a protective order. The parties have conferred (as set forth in the attached correspondence) but are unable to resolve the dispute. Time is of the essence as the deadline for completing fact discovery is August 31, 2021. Accordingly, this letter is a joint request for a pre-motion conference. “The party seeking a protective order bears the burden of establishing that good cause for the order exists.” Duling v. Gristede’s Operating Corp., 266 F.R.D. 66, 71 (S.D.N.Y. Mar. 30, 2010). “Good cause is established by ‘demonstrating a particular need for protection.’” Id. (quoting Cipollone v. Liggett Group, Inc., 785 F.2d 1108, 1121 (3d Cir. 1986)). “Ordinarily, good cause exists ‘when a party shows that disclosure will result in a clearly defined, specific and serious injury.’” Jn re Terrorist Attacks on Sept. 11, 2001, 454 F. Supp. 2d 220, 222 (S.D.N.Y. 2006) (quoting Shingara v. Skiles, 420 F.3d 301, 306 (3d Cir. 2005)). Email JenBrown@DJenBrownESQ.com The Law Office of D. Jen Brown, PLLC QL. Prewn D. Jef/Brown, Esq. Attachments ce: Garrett Kaske, Esq. (by ECF) Kimberly Hunt-Lee, Esq. (by ECF) Mr. Nelson Murray Blackburn has since been elevated to the position of County Attorney.