Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Stollman v. Williams

Public Interest Favors Disclosure of Records Related to Family Court Action

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION AND ORDER Shmuel Stollman (“Shmuel”) and Elisa Stollman, individually and on behalf of their children E.S. and L.S., have sued the City of New York and various individual City employees pursuant to 42 U.S.C. §1983 and New York law. Plaintiffs allege that Defendants’ actions in a child abuse investigation and resulting family court proceedings against Shmuel violated their civil rights. During discovery, Plaintiffs subpoenaed third party Safe Horizon, Inc., which operates a facility where E.S. was interviewed, seeking records related to E.S.’s visit. Safe Horizon objected to the subpoena and the Honorable Kevin Nathaniel Fox, to whom this case was referred for general pretrial supervision, denied Plaintiffs’ subsequent motion to compel production of the materials and to hold Safe Horizon in contempt for non-compliance with the subpoena. Plaintiffs objected to the Magistrate Judge Fox’s order pursuant to Federal Rule of Civil Procedure 72(a). Dkt. 83 (“Objection”). For reasons that follow, the Court sustains the Objection in part, and grants the motion to compel and denies the contempt motion. I. Background A. Facts 1. Plaintiffs’ Allegations The Court begins by summarizing Plaintiffs’ allegations as context for this discovery dispute. The allegations that follow are assumed true only for purposes of resolving Plaintiffs’ motions to compel and for sanctions. E.S., who was born in 2003, is alleged to be “profoundly handicapped,” “suffer[ing] from a severe cognitive impairment.” Dkt. 1 (“Complaint”)

17-18. In 2017, when she was fourteen years old, E.S. “had the intellectual ability and emotional maturity of a 2-year-old child.” Id. 18. At that time, E.S. could not speak, count, dress herself, use the toilet, or follow instructions, and she knew only a few words and a “limited number of gestures.” Id.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
(NEW) COMMERCIAL LITIGATION ASSOCIATE WANTED FOR ELITE LITIGATION BOUTIQUE FIRM (Atlanta, GA OR Miami, FL)

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a commercial litigation associate to join e...


Apply Now ›
Real Estate Attorney

COLE SCHOTZ P.C.Prominent mid Atlantic law firm with multiple regional office locations seeks a senior attorney with commercial real estate ...


Apply Now ›
Attorney

ATTORNEYS WANTED ROCKLAND/BERGEN COUNTYKantrowitz, Goldhamer & Graifman, P.C. Expanding and established multi-practice, mul...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements