Case 1:18-cv-00566-LEK-CFH Document 21 Filed 06/14/18 Page 1 of 3
 

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK
NATIONAL RIFLE ASSOCIATION OF
AMERICA,
Plaintiff,
v.
ANDREW CUOMO, both individually and
in his official capacity; MARIA T. VULLO,
both individually and in her official
capacity; and THE NEW YORK STATE
DEPARTMENT OF FINANCIAL
SERVICES,
Defendants.

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CIVIL CASE NO. 18-CV-00566-LEKCFH

ORDER TO SHOW CAUSE FOR EXPEDITED DISCOVERY
After careful consideration of the Complaint dated May 11, 2018, and all exhibits attached
thereto; the Affidavit of John C. Frazer in Support of Order to Show Cause, sworn to on June 14,
2018; the Declaration of Sarah B. Rogers in Support of Order to Show Cause, dated June 14, 2018;
and the Memorandum of Law in Support of the Order to Show Cause for Expedited Discovery,
dated June 14, 2018, filed by Plaintiff the National Rifle Association of America (the “NRA”), it
is:
ORDERED that Defendants New York Governor Andrew Cuomo (“Cuomo”), in his
official capacity; Maria T. Vullo (“Vullo”), in her official capacity; and the New York State
Department of Financial Services (“DFS”) SHOW CAUSE at the James T. Foley United States
Courthouse, 445 Broadway, Courtroom # ___, Albany, New York on _____________ 2018, at
____/m., why an order should not be entered, pursuant to Rule 26 of the Federal Rules of Civil
Procedure, granting the NRA leave to conduct the following expedited discovery:

ORDER TO SHOW CAUSE FOR EXPEDITED DISCOVERY

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1.

The NRA shall be entitled to serve discovery immediately upon

Defendants—i.e., before the parties have conferred pursuant to Federal Rule of Civil Procedure
26(f) or made their initial disclosures pursuant to Rule 26(A)—including, but not limited to,
discovery by way of requests for production, depositions, and non-party discovery;
2.

Defendants shall respond to requests for production of documents,

electronically stored information and tangible things, pursuant to Federal Rule of Civil Procedure
34, no later than fifteen (15) days after such discovery requests are served upon them by the NRA;
3.

Defendants shall additionally provide up to four (4) witnesses for

deposition, pursuant to Federal Rule of Civil Procedure 30, including Vullo and no more than three
employees of DFS—to be identified by the NRA after receiving Defendants’ responses to the
NRA’s requests for production of documents—no later than seven (7) days after the NRA serves
them with notices of deposition for such witnesses’ testimony; and
4.

Immediate discovery under Federal Rule of Civil Procedure 45, including

subpoenas duces tecum directed at Lloyd’s of London, Chubb Group Holdings, Inc., Lockton
Companies, LLC, and Lockton Affinity Series of Lockton Affinity, LLC (f/k/a Lockton Risk
Services, Inc.), to be responded to within fifteen (15) days of service; and it is further
ORDERED that this Order and the papers upon which it is based be served upon
Defendants by a person of suitable age and discretion on or before ____________, 2018, and that
such service is deemed good and sufficient; and it is further
ORDERED that opposing papers, if any, be filed with the Court and served upon the
attorneys for the NRA on or before ______________, 2018; and it is further
ORDERED, that reply papers, if any, be filed with the Court and served on or before
________________, 2018.

ORDER TO SHOW CAUSE FOR EXPEDITED DISCOVERY

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Dated: June

, 2018

ORDER TO SHOW CAUSE FOR EXPEDITED DISCOVERY
4826‐4874‐8134.6  

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