No Extension for Late Discovery Requests, Case Dismissed
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The defendants moved for summary judgment in a two-year-old case; the plaintiff asked that the motion be deferred for additional discovery, since he had just recently (four months previously) identified the offending police officer and was prepared to file discovery requests that would show a municipal policy. The court grants summary judgment for the city, since there is no apparent reason why the discovery was not already filed, and since the discovery deadline had lapsed without a request having been filed. See: Nicholson v. Doe, 185 F.R.D. 134 (N.D.N.Y. 1999).