Johnson v. J & N Construction Group Corp.

DIS DEREK SMITH New York | Los Angeles | Philadelphia | Miami | New Jersey ress MEMO ENDORSED Via Electronic Filing Hon, Valede E, Caproni USDC SDNY Danis Pais Moyen PLECTRONICALLY FL New York, NY 10007. 1312 DATE PILED: □ RE: Johnson v. J&N Construction Group Corp., et al. Docket No.: 1:24-cv-07857 Dear Judge Caproni, I represent Plaintiff in the referenced matter. Plaintiff respectfully requests that the Court compel Defendant J&N Construction Group Corp. (“J&N”’) to submit their discovery responses to Plaintiff’s first set of document demands and interrogatories. Defendant J&N’s discovery responses are significantly overdue and remain outstanding further detailed below. On March 5, 2025, I served Plaintiff’s first set of document demands, interrogatories and a notice of depositions upon Defendant J&N’s counsel. On April 3, 2025, I emailed defense counsel seeking Defendant J&N’s outstanding discovery responses. On or about April 4, 2025, defense counsel and I had a telephone call where defense counsel requested a two-week extension to submit J&N’s discovery responses, which I consented to. On April 21, 2025, I again emailed defense counsel seeking Defendant J&N’s outstanding and overdue discovery responses. On April 21, 2025, defense counsel emailed me that she had been sick the week prior and anticipated submitting J&N’s discovery responses that week. On April 28, 2025, I emailed defense counsel, [really need the discovery this week so that we can keep on schedule. Please advise. .. .” I did not receive a response, so on May 1, 2025, I emailed defense counsel again stating, “Can you please let me know when you expect to send the outstanding discovery? I will have to seek judicial intervention otherwise.” On May 8, 2025, I emailed defense counsel a final time stating, “I really Philadelphia Office: 1628 Pine Street, Philadelphia, PA 19103 | (215) 391-4790 Miami Office: 100 SE 2 "4 Street, Suite 2000, Miami, FL 33131 | (305) 946-1884 New York City Office: 1 Penn Plaza, Suite 4905, New York, NY 10119 | (212) 587-0760 Los Angeles Office: 633 West 5" Street, Suite 3250, Los Angeles, CA 90071 | (310) 602-6050 www.discriminationandsexualharassmentlawyers.com need the discovery production this week to ensure we can complete discovery within the schedule. I will have to seek judicial intervention otherwise. . . .” Defense counsel did not respond. To date, Defendant J&N has wholly failed to respond to Plaintiff's March 5, 2025, discovery requests, greatly prejudicing Plaintiff. Accordingly, Plaintiff respectfully requests that the Court compel Defendant J&N to submit responses to Plaintiff's discovery requests immediately to allow the Parties to comply with the Court’s discovery schedule. Should Defendant J&N continue to delay discovery, Plaintiff reserves the right to seek an extension to the discovery schedule from the Court and will submit an update as needed. We thank the Court for its time and attention to this matter. ication DENIED. The Court expects the parties to professionally and collegially to Sincerely, discovery by the deadline. The parties are to meet and confer in person for at least 90 by May 16, 2025. If after meeting in person, DEREK SMITH LAW GROUP, PLLC arties have not resolved their issues, then they contact the Court in accordance with the Individual Rule 3(B). Johnmack Cohen, Esq. 5/12/25 450 7th Avenue, Floor 30, . - New York, NY 10123 op (212) 587-0760 VALERIE CAPRONI STATES DISTRICT JUDGE