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Man Who Claims He Was Superintendent to 44 Buildings 24 Hours a Day in Discovery Dispute

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Aug 28 – A man who says he was coerced into being the superintendent for 44 buildings, on call 24 hours a day, sued under the Fair Labor Standards Act.   On August 28 U.S. District Court for the Southern District of New York Judge Lorna G. Schofield held a conference. Inner City Press covered it.

  In the run up to a scheduled October 23 settlement conference, the fights were about discovery.

The plaintiffs' lawyer insisted that her adversary had said he didn't want depositions.   No, came the response, just no depositions before documents.

  If you can work it out before the conference, Judge Schofield said, you are free to. But my general rule is no party can introduce evidence they exclusively had and did not produce in discovery.

 The case is Figueroa v. Lowenberg, et al., 23-cv-9625 (Schofield)

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