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McConnell Dorce v. City of New York

Ex Mayor Must Be Available for Deposition in Suit Over Foreclosure, Transfer Program

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MEMORANDUM OPINION AND ORDER Plaintiffs McConnell Dorce, Cecelia Jones, and Sherlivia Thomas-Murchinson (“Plaintiffs”), on behalf of themselves and all others similarly situated, seek to compel the deposition of former New York City Mayor Bill de Blasio. Dkt. 368. On September 3, 2024, Magistrate Judge Cave ordered that the City of New York (the “City”); Louise Carroll, former Commissioner of the New York City Department of Housing Preservation and Development (“HPD”); and Sherif Soliman, former Commissioner of the New York City Department of Finance (“DOF,” and together with the City and HPD, the “Municipal Defendants”), make available Mr. de Blasio for a two-hour deposition. Dkt. 371 (“Order”). Now before this Court are the Municipal Defendants’ objections to Magistrate Judge Cave’s September 3, 2024 Order pursuant to Federal Rule of Civil Procedure (“Rule”) 72. Dkt. 380 (“Def. Obj.”). For the reasons set forth below, the Court adopts Magistrate Judge Cave’s Order in full and orders that Mr. de Blasio sit for a deposition lasting no longer than two hours of on-record time. BACKGROUND The Court presumes familiarity with the underlying events and procedural history and discusses only those facts required to provide context here. On March 18, 2019, Plaintiffs commenced this action against, among others, Municipal Defendants, Dkt. 7, challenging the Municipal Defendants’ operation of the Third-Party Transfer Program (the “TPT Program”), through which the City forecloses on tax-delinquent properties and transfers them to third-party real estate developers. Most relevant here, Plaintiffs allege that the Municipal Defendants discriminated against minority homeowners and neglected to provide adequate notice to homeowners prior to seizing their property. Dkt. 91

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