*1 AND NOW, this 9th day of February 2023, after hearing oral argument yesterday and upon considering motions to compel filed by defendant Lancaster Host, LLC (DI 50) and plaintiffs Greenwald Caterers Inc. and New York Jewish Association, Inc. (DI 48) — and all of the responses and further related filings — it is ORDERED:

1. Defendant's Motion to Compel (DI 50) is GRANTED[1] in its entirety, and accordingly, no later than February 23, 2023, plaintiffs shall serve full and complete responses and production to the following discovery requests propounded by defendant in this matter: RFP #6(b) (First Set), RFP #9 (First Set), RFP #10 (First Set), RFP #11 (First Set), RFP #14 (First Set), RFP #15 (First Set), RFP #16 (First Set), RFP #20 (First Set), RFP #21 (First Set), RFP #23 (First Set), RFP #24 (First Set), RFP #25 (First Set), RFP #26 (First Set), RFP #27 (First Set), RFP #29 (First Set), Interrogatory #1 (Second Set), RFP #2 (Second Set), RFP #3 (Second Set), and RFP #4 (Second Set).

2. Plaintiffs' Motion to Compel (DI 48) is DENIED[2] with leave to refile in a manner compliant with L.R. 26.1. Leave to refile is contingent upon the plaintiffs carefully following the requirements of Fed. R. Civ. P. 26 and L.R. 26.1. Among other things, the parties are required to meet and confer about each and every discovery request that the parties dispute before seeking relief from the Court. For each request in dispute, that discussion must address the request, the objections, the responses thus far, and what could be done to resolve any disagreements. Should plaintiffs choose to refile their motion, they shall include a certification that the parties have conferred with sufficient details to evidence compliance (e.g., the dates, lengths, and subjects of meet-and-confers; copies of related correspondence summarizing the meet-and-confers; and the like). Furthermore, in such a motion, plaintiffs shall also identify any discovery disputes by request number, and shall state each disputed discovery request, including defendant's objections, with particularity. See L.R. 26.1(f). Failure to comply with these requirements will result in an automatic denial without leave to refile.

*2 3. Plaintiffs' praecipes to “substitute,” “attach,” and “supplement” affidavits to their Motion to Compel (DI 51, 52, 53, 54, 64) are DENIED as moot.

4. Defendant's reply filings (DI 67, 68) constitute in part an out-of-time reply and in-part an unauthorized sur-reply and are therefore STRIKEN.

5. No later than February 14, 2023, the parties shall exchange updated and complete initial disclosures under Fed. R. Civ. P. 26(a). Such disclosures shall describe the name, address, and telephone number of each individual likely to have discoverable information in the instant case, including third-party witnesses, and shall identify and describe the locations and sources of all discoverable documents, including third-party sources.[3]

6. No subpoenas — by either side — are authorized at this time. A party desiring third-party discovery must seek leave of Court, demonstrating why the subpoena is believed to be “relevant to any party's claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.” Fed. R. Civ. P. 26(b)(1).