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Sept 24, 2013

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US Mission to UN Is Sued For Discrimination Now Discovery Ends July 1, UN Delay Contrasted

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, May 11 – Jane C. Malloy, an African-American woman, has filed a racial discrimination lawsuit against the U.S. State Department, specifically against its U.S. Mission to the United Nations. 

 On April 2, U.S. District Court for the Southern District of New York Magistrate Judge Kevin N. Fox held a proceeding. Inner City Press, in-house press at the SDNY, covered it.

   Malloy's complaint recounts how her nomination for the Innovation in the Use of Technology Award was wrongfully not passed along to the Chief of Mission, and how they failed to promote her from the GG-12 to the GG-13 despite her solid performance reviews.  

Now the State Department's concern is a protective order so that information they produce under discovery is not available to the public.

  And on April 19, stating that US Mission to the UN staffer Harry Ting cannot be deposed - possibly justified - the request was made to file records under seal, ex parte, Attorney's Eyes Only.

On April 29, Magistrate Judge Kevin N. Fox  denied the request, at least for now: "ORDER denying without prejudice [55] Letter Motion to seal and for a conference. The instant application is not in consonance with 2A of the Court's Individual Rules of Practice, which requires a joint writing from the parties. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)."

Even if that's belatedly complied with, might it not be available under the Freedom of Information Act - something that, like First Amendment protections, the UN doesn't have and the US Mission is doing nothing about?

On May 11, Judge Fox held another proceeding, and Inner City Press still banned from the UN covered it. How the firing of Ms. Malloy was brought about was described, along with more insistent demands for secrecy.

Now on May 19 Judge Fox has ruled, "ORDER: IT IS HEREBY ORDERED that: 1. all discovery, of whatever nature, be completed on or before July 1, 2021; 2. any dispositive motion is to be made in accordance with the Individual Rules of Practice of the assigned district judge; and 3. if no dispositive motion is made, the parties shall submit their joint pretrial order to the court on or before July 30, 2021. That document must conform to the requirements for such an order that are found in the Individual Rules of Practice of the assigned district judge. SO ORDERED."

   Inner City Press, banned from the UN since July 3, 2018, will remain on this case.

It is Malloy v. US Department of State, et al., 19-cv-6533 (Gardephe / Fox)


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