MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff Carlton B. Willey has filed a complaint alleging tort claims flowing from a series of sexual assaults that occurred while he was an elementary school student participating in a youth recreational soccer program. Dkt. No. 1 (“Complaint”). Plaintiff brings these claims against the Town of Clifton Park (“Town”), see id. 10; the Clifton Park Soccer Club, Inc. (“Club”), see id. 14; Peter Clinton, a co-founder and/or employee of the Club (“Clinton”), see id. 19; John Walsh, a co-founder and/or employee of the Club (“Walsh”), see id. 20; Peter Sands, a co-founder and/or employee of the Club (“Sands”), see id. 21; and Richard Paul Keefer, an assistant coach of the Club (“Keefer”), see id. 23. Currently before the Court is the Town’s motion to dismiss for failure to comply with discovery demands, filed pursuant to Federal Rules of Civil Procedure 37 and 41(b). Dkt. No. 73-10 (“Motion”). Plaintiff has filed a response, Dkt. No. 74-1 (“Response”), and the Town has filed a reply, Dkt. No. 75. For the reasons discussed below, the Town’s Motion is denied. II. BACKGROUND A. The Complaint The following relevant facts are set forth as alleged in the Complaint. When he was thirteen years old, Plaintiff participated in a youth recreational soccer league in Clifton Park, New York, managed by the Club, Clinton, Walsh, and Sands. See Compl.
26-27. Keefer served as an assistant coach in the soccer league. See id. 28. While in his position as an assistant coach, Keefer “began grooming Plaintiff with the ultimate goal of sexually harassing, molesting, and repeatedly abusing Plaintiff.” Id. 32. “Between June 28, 1978 and July 26, 1978, [ ] Keefer sexually and traumatically abused, molested, and raped Plaintiff on at least five occasions, by groping and fondling Plaintiff’s genitals, taking pictures of Plaintiff in various states of undress, forcing Plaintiff to perform oral sex and handjobs on [ ] Keefer, forcibly performing oral sex on Plaintiff, forcing Plaintiff to observe [ ] Keefer masturbate, and rubbing his erect penis and genitals on Plaintiff’s bare buttocks and intergluteal cleft.” Id. 34. Keefer “also brought out and exposed Plaintiff for the first time in his life to pornographic magazines, sexual videos, and naked pictures.” Id. 35. The incidents left Plaintiff “frozen, in disbelief, numb, in extreme emotional and mental pain, scared, ashamed, and in shock.” Id. 37. After each incident, Keefer “threatened Plaintiff not to tell anybody about the sexual abuse and molestation,” causing “Plaintiff to be in imminent fear of his safety due to the threat of retaliation if Plaintiff was to tell anybody of the sexual abuse and molestation.” Id.
